RAZZI AHMED @ RAZZI Vs. STATE

JUDGEMENT

(1.) The appellant had been convicted for the commission of the offences punishable under Sections 366 and 376 of the Indian Penal Code('IPC' for short) by the learned Additional Sessions Judge vide judgment dated 1st October, 2003 and vide order dated 6th October, 2003 he had been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.3,000/-, in default to undergo simple imprisonment for six months u/s 376 IPC and rigorous imprisonment for five years and fine of Rs.2,000/- , in default to undergo simple imprisonment of two months u/s 366 IPC. Both the substantive sentences of imprisonment were ordered to run concurrently. Feeling aggrieved by his conviction the present appeal had been filed by the appellant-convict.

(2.) The relevant facts leading to the conviction of the appellant are that on 3rd January,2001 PW-5 Shiv Raj Singh went to the police station Seelampur at about 6.10 p.m. and lodged a report with the police to the effect that that day at about 7.30 a.m. his daughter(PW-2) who was about 14 years old had gone to her school but did not return back home. He expressed no suspicion against anyone and requested the police to trace out his daughter. That report was recorded vide DD No. 20-A(Ex.PW-2/A). On 5th January,2001 PW-5 once again went to the police and reported that he had come to know that his daughter had been taken away by the appellant herein and one Shaukat and so action should be taken against them. On that, the police registered an FIR under Section 363 IPC(Ex.PW-2/B). Thereafter search for the missing daughter of PW-5 started by the police and finally she was traced out from Bihar on 12th January,2001 alongwith the appellant-convict. The appellant-convict was arrested same day. During investigation the statement(Ex.PW-3/A) of the victim girl(PW-3) was got recorded by the investigating officer on 17th January,2001 under Section under Section 164 Cr.P.C. in which she claimed herself to be 14 years old and alleged that on 3rd January,2001 she had been forcibly taken away to Bihar by the appellant-convict by showing her a knife. She was taken to a hotel in Darbhanga where she was kept till 12th January,2001 and she was raped every night by the appellant-convict after showing her a knife.

(3.) The prosecutrix was got medically examined on her being recovered and brought back to Delhi on 13th January,2001 vide MLC Ex.P3-13/A in which her age mentioned was 14 years. The police had collected a certificate from the school where the prosecutrix had studied and according to that certificate, Ex.PW-1/A, her date of birth was 1st April,1986 and the same date was entered in the admission and withdrawl register of the school vide Ex.PW-1/B.