WASIM Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed by the Appellant impugning the judgment dated 21.02.2013 and order on sentence dated 22.02.2013 passed by the learned Addl. Sessions Judge, Delhi in Sessions Case No.47/2012 whereby the Appellant was convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for seven years with fine of Rs.10,000/ - and in default, to undergo SI for six months.

(2.) BRIEFLY stating, the case FIR No.42/2012 under Section 363/376 IPC was registered at PS Chandni Mahal on the basis of complaint made by Mohd. Rukhsar. As per the complaint Ex.PW2/A, the Complainant Mohd. Rukhsar went to Police Station on 27.03.2012 and stated before the police that his daughter 'N' (name withheld to conceal her identity) aged 14 years had left the house in the morning without informing them. He suspected Wasim behind the missing of his daughter and prayed for legal action against him.

(3.) THE Prosecutrix was got medically examined at LNJP Hospital and thereafter she was sent to Kilkari Rainbow Girl Home. The statement under Section 164 Cr.P.C. of the Prosecutrix was also got recorded before the MM. In her statement recorded under Section 164 Cr.P.C., the Prosecutrix has given her age as 15 years and stated that on 27.03.2012 at about 8.00/8.30 PM, her father scolded her as at that time she was watching T.V. Thereafter her father also slapped her and she got annoyed. Then she telephoned Wasim and called him as she was in love with him. Thereafter she alongwith Wasim went to Manali where they stayed for three days. After that they went to Haridwar and stayed at Kaliyar Sharif Guest House for three days. On 2nd of April, they came to Delhi. She also stated that she went of her own free will and that she wanted to stay with her parents and her parents may decide about her future.