PAPPU SINGH @ RAJU Vs. STATE

JUDGEMENT

(1.) Crl.M.B.No.369/2014

(2.) Before dealing with the issue of sentence we note that appellant was charged for the offence punishable under Section 376 IPC. The prosecutrix was a minor and was a student of Class VII, Government Girls School, Goyla Khurd, New Delhi. The appellant used to ferry children to school in his tempo. The first student to board the tempo was the prosecutrix. Other children used to board the tempo a little distance away from the spot where the prosecutrix used to board the tempo. As deposed to by the prosecutrix she was raped firstly on April 10, 2012 when the appellant took her to the compound of his house in the morning after her mother had left her at appellant's house to proceed to the school. Appellant threatened to kill her if she told said fact to anyone. The appellant continued to rape her over the next 20-25 days.

(3.) The prosecutrix hid her miseries from her parents. But truth surfaced when prosecutrix started feeling sick. Her mother Manju Devi PW-2 asked her about her periods. Prosecutrix told her mother that her last menstruation was two months back. The prosecutrix was taken by the mother to Samta Hospital where it was revealed that the prosecutrix was pregnant. FIR was got registered against the appellant. The prosecutrix was taken to RTRM Hospital Jafarpur where her pregnancy was terminated. Foetus was sent for DNA analysis along with the blood sample of the appellant. DNA Report Ex.PA conclusively establishes that the appellant was the biological father of the foetus.