SAJID Vs. STATE (GNCT) OF DELHI

JUDGEMENT

(1.) This Appeal is directed against a judgment dated 15.10.2008 and the order on sentence dated 24.10.2008 whereby the Appellant was convicted for an offence punishable under Section 376 of the Indian Penal Code (IPC) and was sentenced to undergo Rigorous Imprisonment of ten years with fine of Rs. 2,000/- and in default of payment of fine he was to further sentenced to undergo simple imprisonment for three months.

(2.) The prosecution version as brought out by PW-2's testimony is that prosecutrix 'G' (name withheld it being a case under Section 376 IPC) was a resident of a five storied building in Mandawali Delhi. Each floor consisted of 15 rooms. PW-2 Darvesh Rai, family of the prosecutrix, (including the prosecutrix) and the Appellant were residents of the same building. On 27.04.2005 at about 3:30 P.M. Darvesh Rai (PW-2) was reading some book while sitting on the stairs of the house. He noticed the Appellant taking a small child in his lap and moving upstairs. After sometime, PW-2 heard the cries of the said girl from the terrace. He then noticed the Appellant running after jumping over him. PW-2 reached the terrace and found the child crying and her clothes soaked in blood. He (PW-2) brought the child from the terrace and handed her over to her mother who was residing on the third floor of the same building. The prosecutrix was removed to Lok Nayak hospital by her aunt Tanzim PW- 1). On medical examination, the doctor noticed a CLW 1.5 cm x 0.5 cm present at the right side of the labia extended to fourchette. Hymen was found to be torn. The doctor reported tenderness and blood clots at vagina.

(3.) The FIR was recorded on the statement of Tanzim. During investigation statement of witnesses including PW-2 were recorded and the Appellant was arrested at the pointing out of PW-2.