RAJESH Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellant-Rajesh impugns his conviction in Sessions Case No.66/1999 arising out of FIR No.188/99 registered at Police Station Mansarover Park by which he was found guilty for committing offence under Section 376 IPC and sentenced to undergo RI for ten years with fine of Rs.5,000.00.

(2.) ALLEGATIONS against the accused were that on 09.08.1999 at 10:30 A.M. at house No.C-26, Gali No.13, Nathu Colony, Shahdara, Delhi, he committed rape upon ,,X (assumed name) aged about three years. The prosecution examined 11 witnesses. In his statement under Section 313 Cr.P.C. the accused pleaded innocence. He stated that he was falsely implicated as Xs father was compelling his mother to sell their house to enable them to extend and rebuilt their house. On appreciation of the evidence and considering the rival contentions of the parties by the impugned judgment the accused was convicted and sentenced. Being aggrieved, the accused as preferred the present appeal.

(3.) I have considered the submissions of the parties and have examined the record. The case of the prosecution is based upon circumstantial evidence. ,,X was not examined under Section 161 Cr.P.C. Her statement under Section 164 Cr.P.C. was also not recorded. She was not produced in the court as she being a child was unable to understand the questions put to her and give rational answers. PW-6 (Kamlesh), ,,Xs mother, did not witness the occurrence.