ANULLUDIN Vs. STATE OF NCT OFDELHI

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 10.05.2011 and order on sentence dated 04.07.2011 passed by learned Additional Sessions Judge in Sessions Case No. 64/2009 convicting the Appellant for committing the offence punishable under Section 376(2)(f) IPC and sentencing him to undergo RI for 10 years and to pay fine of Rs. 50,000/ - and in default of fine to further undergo SI for six months.

(2.) THE facts giving rise to the present appeal are that on 4.4.2009, the complainant Smt. Shabina Begum left home to buy vegetables leaving behind her 8 years old daughter and 4 years old son. When she returned from the vegetable market, she found her daughter crying. On enquiry her daughter informed that Apol Bhaiya residing in the room in front of their house had opened her salwar and did 'Galat Harkat'.

(3.) THE complainant waited for her husband to return from his work and thereafter informed him about the incident, but they did not take any action during night as honour of the family was involved. However, due to this incident, they could not sleep during the night and in the morning they decided to inform the police about the rape being committed on the child. Next day morning the complainant reached the police station Prasad Nagar and the information given by her was recorded vide DD No. 10A Ex. PW17/A. Thereafter, the child victim was sent for medical examination. The Appellant was also apprehended and sent for medical examination. After recording the statement of the complainant and making endorsement Ex. PW17/B thereon, rukka was sent for registration of the case on the basis of which FIR No. 74/2009 Ex. PW3/A was registered. Statement of child victim under Section 164 Cr.P.C. was got recorded, exhibits were sent to FSL and on completion of investigation, charge -sheet was filed.