RAJU Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has impugned the judgment and order of sentence both dated 06.8.2001 wherein appellant Raju has been convicted under Section 376 IPC and has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 1000/ - in default of payment of fine to undergo SI for 1 month. Benefit of Section 428 Cr.P.C. had been granted to him. Record shows that the present FIR has been registered on the statement of the mother of the prosecutrix Omwati (PW -6). The complaint was registered on 04.12.1999 wherein it was disclosed by her that while she was sleeping along with her husband on the ground floor of their house she heard cries from the roof and on reaching there she saw that her daughter's clothes were blood -stained; she was crying; she told her that she had been raped by their neighbour Raju; complaint Ex. PW -5/A was lodged.

(2.) THE prosecutrix 'R'(PW -1) was taken to the Guru Teg Bahadur Hospital, Shahdara accompanied by lady constable Neelam (PW -2). This was on 04.12.1999. Her MLC was proved by Dr. Seema Sinha (PW -12) as Ex. PW -12/A. No injury marks had been noted. The vaginal intertis noted admission of one finger; two vaginal smears were taken on slides and the under -clothes worn by the prosecutrix at the time of the examination were changed.

(3.) THE father of the prosecutrix Mohan Lal was examined as PW -5. He has reiterated the version of his wife (PW -6).