SHAMSHER SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Shamsher Singh is convicted for the offence punishable under Section 376(2)(f) IPC for raping a minor aged 5 years and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 3 lakhs and in default of payment of fine to undergo simple imprisonment for two years. Out of the fine, if recovered, a compensation of Rs. 2,50,000/- is to be given to the prosecutrix .

(2.) Shamsher Singh assails the judgment on the ground that the prosecutrix is a tutored witness and cannot be relied upon. The medical evidence adduced does not support the case of the prosecutrix. The mother of the prosecutrix has not supported the version of the prosecutrix and has stated the injuries to the prosecutrix were received in an accident and no case was made out against Shamsher Singh. The prosecutrix could not have identified Shamsher Singh. Admittedly, Shamsher Singh was shown to her in the police station even then she was unable to identify Shamsher Singh. There is inordinate delay in registration of the FIR and it is not evident when the copy of the FIR was sent to the learned Metropolitan Magistrate. In the alternative, it is submitted that the sentence imposed on Shamsher Singh is too harsh and be reduced.

(3.) On October 18, 2008 an information was received regarding commission of an offence of rape in the jurisdiction of PS Narela vide DD No.21A through the PCR which was assigned to ASI Karan Singh, who along with Ct.Prem Prakash reached Lampur Road, Bankner where they got to know that the injured/prosecutrix and her mother have been taken to SRHC hospital. ASI Karan Singh reached the hospital and obtained the MLC of the prosecutrix. In the meantime W/ASI Raj Bala reached the hospital who recorded the statement of mother of the prosecutrix. The mother of the prosecutrix PW-4 stated to W/ASI Raj Bala that she was having three children and her husband used to supply drinking water in jugs. On that day at about 3.05 pm she was sitting along with her brother-in-law and children at her house and her daughter, the prosecutrix aged about 5 years told her that she was going for call of nature and went to the vacant adjacent plot. After about 10 or 15 minutes, the prosecutrix came back weeping and her clothes were smugged with blood. She informed that one person in black clothes kept his hand over her mouth and took her by the side of the heap of dung cakes and committed rape. She raised alarm on which she was threatened and beaten. Thereafter the man ran away towards the field. Her MLC Ex.PW2/A noted hymen torn, vagina admitting one finger, clots present in vagina, Recto-vaginal communication. The child needed surgery with anaesthesia thus she was shifted to LNJP hospital for further treatment.