NAND KISHORE Vs. STATE (GOVT OF NCT) DELHI

JUDGEMENT

(1.) An act of highest depravity, committing the rape of his own mother aged 72 years, Nand Kishore stands convicted for an offence under Section 376 IPC by the learned Trial Court and has been awarded a sentence of imprisonment for life and fine of Rs. 20,000/- and if recovered to be paid to the prosecutrix under Section 357 Cr.P.C. as compensation, in default of fine to undergo simple imprisonment for a period of six months.

(2.) Nand Kishore seeks to assail the impugned judgment on the ground that the PCR call was with regard to quarrel and not rape. He says that earlier he had been tried for murder of his father and was acquitted which was not to the liking of the prosecutrix and thus she falsely implicated him. There is no medical evidence to suggest rape committed on the prosecutrix. Rather the prosecutrix was strong enough and had actually bolted Nand Kishore inside the jhuggi and falsely implicated him. The explanation rendered to the last question put under Section 313 Cr.P.C. 'what do you want to say' is as follows:-

(3.) The process of law commenced when a PCR call information was noted at PS Dwarka North vide DD No.53-B. HC Chander Pal along with Constable Raju reached jhuggi No.397, Bharat Vihar, JJ Colony Sector 15, Dwarka, New Delhi where the prosecutrix met them and stated that she was raped by her son Nand Kishore and she had locked him in the jhuggi. The prosecutrix was taken to the Police Station and the case was assigned to WSI Nirmal Sharma who recorded the statement of the prosecutrix Ex.PW-1/A on the basis of which FIR No.97/2012 under Sections 376/506 IPC was registered. The prosecutrix stated that Nand Kishore was his youngest son whose two sons i.e. Rahul and Naresh were residing with her in jhuggi. She had three sons and four daughters. The four daughters were married. Out of the three sons Chander Pal used to stay in the adjoining jhuggi and used to do the work of painting and would leave in the morning. His other son was staying in Uttam Nagar. The youngest son Nand Kishore was addicted to alcohol and Ganja due to which his wife had left him. Nand Kishore married again and five years ago he killed her husband. After undergoing punishment, she did not permit Nand Kishore to enter her house. On that day at around 12 noon she was searching her ration card in the jhuggi and both her grandsons were playing outside in the gali. Between 12.00 to 1.00 PM Nand Kishore entered the jhuggi in an intoxicated condition and bolted from inside. She asked Nand Kishore as to why he had entered the jhuggi. He angrily stated that he would stay there only. The prosecutrix stated that she would not permit him to reside over there. Thereafter he retorted that he would tell her immediately. He further stated that he would make her his wife. Nand Kishore embraced her and made her lie on the floor and raped her. When the prosecutrix shouted Nand Kishore stated that he would kill her like her husband. The prosecutrix asked him that if he would kill her who would look after his children. After sometime Nand kishore left her, when she ran out of the jhuggi and bolted her son Nand Kishore inside. Her neighbourer Shambhu made a call at 100 number.