SANJAY Vs. THE STATE (GOVT. OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5th August 2008 passed by the learned Additional Sessions Judge ("ASJ") in SC No. 3 of 2006 holding the Appellant guilty of the offences under Sections 394/454 IPC and the order on sentence dated 22nd August 2008 whereby he was sentenced to rigorous imprisonment ("RI") for 7 years and fine of Rs.10,000 and in default to undergo simple imprisonment ("SI") for 3 months for the offence under Section 394 IPC and RI for 2 years and fine of Rs.1,000 and in default to undergo SI for 15 days for the offence under Section 454 IPC. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution is that M (PW-4), daughter of PW-1who was a dentist was residing at a flat in Vasant Kunj, New Delhi. PW-4 was a student of 12th class in a school nearby. On 8th August 2005, at around 2.05 pm she returned home after school, obtained the keys of her house from the neighbours and opened the main door of her house. PW-4 stated that the main gate of the house opened towards the balcony. The door of the balcony was, however, not locked and it was only bolted. She opened the door and entered the house. At around 2.35 pm, she received a telephone call from her mother who was at her father's clinic. Thereafter she went to another room to listen to music. According to her, at that time, a boy aged about 20 years came from the side room and placed a knife-type object on her neck and dragged her to a room. He asked PW-4 where the money was to which she replied that she did not know where her parents had kept the money. Thereupon, the boy hit her head 10-12 times with a steel plier-type article. When PW-4 pretended to lose consciousness, the said boy got scared. He tied her hands and feet with the laces of shoes and put a brown tape on her mouth. He then left the house through the main gate. According to PW-4, she managed to reach the kitchen of her house to locate scissors to cut the laces but could not succeed. She then reached outside the house by jumping and rang the bell of her neighbours. Thereafter she lost consciousness. She was taken by the neighbours to the Indian Spinal Injury Centre (ISIC) at Vasant Kunj.

(3.) Dr. Shree Nath (PW-5) examined PW-4 at the ISIC. Meanwhile, her father PW-1 reached there on being informed over the telephone. This was around 4.45 pm. PW-5 found PW-4 to be conscious and oriented. On local examination, there were multiple deep lacerations of the skull on right temporal and parietal region. There was one laceration in the left occipital region. There was swelling and contusion on the neck region. There was also pain, swelling and tenderness on left distal forearm. There were bruises on the back of the neck. He classified the nature of injuries as grievous. PW-5 prepared the MLC (Ex.PW-5/A). He declared PW-4 fit for statement at around 5.30 pm.