KARTAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal under Section 374 Cr.P.C. filed on behalf of the Appellant impugning the judgment dated 07.09.2009 and order on sentence dated 09.09.2009 passed by the learned Sessions Judge, Delhi, whereby the Appellant was convicted and sentenced to rigorous imprisonment for ten years and fine of Rs.5,000/ - for committing the offence punishable under Section 376 IPC. The Appellant was further convicted and sentenced to undergo rigorous imprisonment for six months and fine of Rs.1,000/ - for committing the offence punishable under Section 506 IPC in case FIR No. 391/2001, Sessions Case No. 22/08 Police Station Patel Nagar. Both the sentences were ordered to be run concurrently.

(2.) THE occurrence for which the Appellant has been convicted had taken place on 24.06.2001 within the jurisdiction of Police Station Patel Nagar. On that date, at about 4:02 p.m., DD No. 20A was recorded at Police Station Patel Nagar in respect of 'galat kaam' being done with a 8 years old girl at Prem Nagar Gali No. 7 and that the offender had been apprehended. The DD entry was assigned to SI N.R. Lamba, who along with Ct. Suresh left for the spot. SI N.R. Lamba found the child victim and her parents present at the spot. He was also handed over Kartar Singh (Appellant herein) who was in injured condition. The child victim 'A' (name withheld to conceal her identity) made statement (Ex.PW -2/A) in the presence of her parents, on the basis of which he sent rukka (Ex.PW -11/B), pursuant to which case FIR No. 391/2001, under Sections 376/506 IPC was registered.

(3.) THE child victim as well as the Appellant were taken for medical examination. The exhibits were sent to FSL. After completion of investigation, charge -sheet was filed.