GULSHER SINGH Vs. STATE

JUDGEMENT

(1.) The present Appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the appellant assailing the impugned judgment dtd. 27/8/2008 passed by learned Additional Sessions Judge, Rohini Courts, Delhi in SC No. 403/2006 whereby the appellant was convicted for offence punishable under Sec. 376 of Indian Penal Code, 1860 ('I.P.C.'). The appeal further assails the order on sentence dtd. 1/9/2008 whereby the appellant was sentenced to undergo rigorous imprisonment for seven years with fine of Rs.5,000.00 (Rupees Five Thousand) and in default of payment of fine, further simple imprisonment for six months.

(2.) The present appeal was admitted on 17/2/2009 and sentence of the appellant was suspended by virtue of order dtd. 14/7/2009.

(3.) In brief, the case of the prosecution is that on 5/9/2005, on receipt of DD no. 3A W/SI Parvati was sent to BJRM Hospital where prosecutrix/victim along with her mother Mamta met the IO and the statement of prosecutrix was recorded to the effect that she along with her parents resided in Ram Pal Ka Gher, Village Bakauli as tenants. One Gulsher Singh i.e., appellant/accused herein, also resided as a tenant in the same property. On 5/9/2005, prosecutrix had gone to school and at about 10:40 a.m. she returned to her house during recess period with her friend Lucy. It was alleged that Lucy went to her own house and prosecutrix came to her house where she saw that main gate of the property was locked from inside due to which prosecutrix tried and climbed the terrace of the adjoining house and reached the courtyard of her own house. It was alleged by the prosecutrix in her statement that she asked appellant, who was a co-tenant, regarding the whereabouts of her parents. It was further alleged that when prosecutrix started to return, appellant pulled her to his room and bolted the same from inside. Prosecutrix raised alarm but appellant shut her mouth and laid her on the floor and committed rape. It is alleged by the prosecutrix that appellant threatened her not to tell any person about the same. In the meantime, prosecutrix's mother reached and she narrated the entire incident to her mother. On the statement of prosecutrix, an FIR bearing no. 339/2005for the offence punishable under Sec. 376 of IPC was registered at Police Station Alipur, Delhi against appellant.