SUNIL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 10.12.2002 and 12.12.2002 respectively wherein appellant Sunil was convicted under Sections 376/506 -II/452 of the IPC and sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.50,000/ - and in default of payment of fine to undergo SI for two years for the offence under Section 376 of the IPC; for the offence under Section 452 of the IPC, he was sentenced to undergo RI for a period of three years and to pay a fine of Rs.25,000/ - and in default of payment of fine to undergo SI for one year; for the offence under Section 506 -II of the IPC, he was sentenced to pay a fine of Rs.10,000/ - and in default of payment of fine, to undergo SI for one year.

(2.) RECORD shows that the present FIR was registered on the complaint of 'HL' examined as PW -1. Her version was that on 13.06.2000 at about 12:30 PM when she was alone at home, the appellant entered her house and committed rape upon her. She was known to the appellant as her father was a tenant in the house of the father of the appellant, meaning thereby that the appellant was the son of the landlord and the victim was the daughter of the tenant. The initial complaint of the complainant was proved as Ex.PW -1/A. The FIR was registered one day after the incident i.e. on 14.06.2000. Submission was that this delay was for the reason that the victim was threatened by the appellant not to disclose the incident to anyone.

(3.) THE victim was medically examined on 14.06.2000. Her MLC Ex.PW -4/A was prepared by Dr. Anjali Singh (PW -4). On local examination, hymen was found torn and there was some tenderness present around the vagina. Vaginal swab was also preserved. The CFSL vide its report Ex.PW -5/A and Ex.PW -5/B, proved through Dr. D.S. Chakoutra examined as PW -5, had detected semen stains on the vaginal swab.