GUDDU RATHORE Vs. STATE

JUDGEMENT

(1.) Appellant-Guddu Rathore challenges correctness of the judgment dated 16.11.1999 in Sessions Case No.87/1997 arising out of FIR No.78/1996 registered at Police Station Mandir Marg by which he was held guilty for committing offence punishable under Section 376 IPC.

(2.) Daily Dairy (DD) No.17-A (Ex.PW-11/A) was recorded at 08.00 P.M. on 18.02.1996 at Police Station Mandir Marg to the effect that a girl aged 7/8 years has been raped and a 'boy' has been apprehended.

(3.) Learned counsel for the appellant urged that the Trial Court did not appreciate the evidence in its true and proper perspective and fell into grave error in relying upon the testimonies of PW-1 (Pyare Lal) and PW-2 (Mashal Kumari) who were interested witnesses. There was no direct evidence against the appellant and the prosecution case was entirely based on circumstantial evidence. The Trial Court overlooked the fact that Jhuggi No.C-77/408, Tailor Square, Kali Bari Marg, New Delhi was not in the exclusive possession of the accused. The prosecution did not establish that the appellant was living alone in the said jhuggi on the relevant date. Testimony of PW-1 (Pyare Lal) and PW-2 (Mashal Kumari) is of no consequence being a hearsay evidence. There is no evidence that the victim was seen going in the accused's Jhuggi any time.