DALIP CHAUDHARY @ LAMBU Vs. STAE (NCT) OF DELHI

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment dated 28.02.2006 and order on sentence dated 01.03.2006 in Sessions Case No.56/2005 arising out of FIR No.78/2005 registered under Section 376 IPC PS Shakarpur by which appellant- Dalip Chaudhary @ Lambu was convicted and sentenced for committing offence punishable under Section 376 IPC.

(2.) Allegations against the accused were that on the night intervening 29/30.01.2005 at about 01.00 A.M. he committed rape upon the prosecutrix 'X' (assumed name) against her wishes and threatened to kill her. When her husband confronted the accused next day, he caused injuries to him and the prosecutrix 'X' and fled the spot. The prosecution examined as many as nine witnesses in support of its case. In the statement under Section 313 Cr.P.C., the accused pleaded false implication and stated that he had advanced a loan of Rs. 3,500/- to the prosecutrix and her husband. When he demanded the amount, they falsely implicated him in this case. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court by the impugned judgment convicted and sentenced the accused. Being aggrieved, the appellant has challenged the conviction.

(3.) Counsel for the appellant urged that the Trial Court fell into grave error in relying upon the testimony of PW-1 (X) and PW-2 (Rajesh) who were interested witnesses. There is delay in lodging the First Information Report. The prosecutrix did not raise alarm at any stage. She was a consenting party and when her husband came to know about it, the prosecutrix falsely implicated the accused.