VINOD Vs. STATE

JUDGEMENT

(1.) Vide decision dated March 30, 2013 Vinod has been held guilty for having committed an offence punishable under Section 376(2)(f) IPC and has been sentenced to undergo imprisonment for life and pay fine in sum of Rs.10,000/-, in default of payment of fine to undergo simple imprisonment for six months as per the order on sentence dated April 04, 2013. He challenges his conviction urging that the testimony of the child victim who appeared as PW-9 does not inspire any confidence and further that he has been falsely implicated by the victim's parents who have planted Jyoti PW- 10 as a witness.

(2.) This is not a case of the usual take off point when process of criminal law is set into motion by a person ringing up the police control room to inform an offence being committed at some place resulting in a DD entry being made at the concerned police station followed by a police officer proceeding to the disclosed place. It is not a case where thereafter investigation leads the investigating officer to the offender.

(3.) The co-joint testimony of HC Rakesh Kumar PW-1, Jyoti PW-10 and ASI Manisha Sharma PW-13 would evidence that accompanied by the parents of the prosecutrix and a few persons residing in the neighbourhood, along with Jyoti PW-10, Vinod was taken to the police station. HC Rakesh Kumar the duty officer at PS Aadarsh Nagar made daily diary entry No.58B, Ex.PW-1/C to the effect that at 5:30 PM on October 16, 2011 the prosecutrix who was brought to the police station was sent to BJRM Hospital along with woman constable Pooja PW-2. Simultaneously copy of DD No.58B was handed over to ASI Manisha Sharma for investigation who proceeded to BJRM Hospital where she recorded Jyoti's (PW-10) statement Ex.PW-10/A in which Jyoti disclosed that the parents of the prosecutrix were her mama, mami and she along with her parents were residing in the same building where the parents of the prosecutrix resided. Her mama mami worked. The prosecutrix who suffered from mental retardation would play in or around in the building. In the afternoon, as she was going to the terrace of the building she heard cries of the prosecutrix from the room in which Vinod resided. She rushed to the room and was horrified to see Vinod with his pant removed lying on the prosecutrix with blood smeared on the bed sheet. People in the neighbourhood assembled and caught Vinod and waited for the parents of the prosecutrix to arrive and thereafter all, including Vinod, were taken to the police station.