RAJESH SHARMA Vs. STATE

JUDGEMENT

(1.) THE Appellant Rajesh Sharma @ Gullu has preferred this appeal impugning the judgment dated 28th May, 2011 and order on sentence dated 1st June, 2011 whereby he had been convicted for committing an offence under Section 376 IPC and sentenced to undergo R.I. for seven years as well fine of Rs.1000/ -, in default, S.I. for one month.

(2.) IN brief, the prosecution case is that the PW1 complainant who happened to be mother of the Prosecutrix made a statement Ex.PW1/A to the effect that her daughter S(name withheld) aged 23 years had been missing from the house. 'S' was mentally challenged and not even in a position to speak clearly. She tried to search her in the adjoining houses. When she reached near General Store, she was informed by the shopkeeper that her daughter had been sent with Rajesh Sharma @ Gullu to drop her at home. When she reached the house of Rajesh Sharma @ Gullu, through the hole in the door of the house, she found her daughter lying in nude condition and the Appellant was also lying on her in nude condition. She started knocking at the door. At that time, Rajesh Sharma @ Gullu picked his clothes and ran away from there. After some time, the door was opened by mother of Rajesh. She made her daughter wear her clothes and brought her back home. She noticed some sticky substance on her clothes and she made her to take bath and washed her clothes. In the evening, when her husband returned, he was apprised about the incident and he informed the PCR. She requested for legal action against the Appellant.

(3.) AFTER the charge for offence punishable under Section 376 IPC was framed, since the Appellant pleaded not guilty, the prosecution examined 13 witnesses to prove its case. In his statement under Section 313 CrPC the Appellant pleaded innocence and claimed to be falsely implicated due to dispute with PW1 over parking of his tempo. He also produced 3 witnesses in his defence.