SURESH Vs. STATE

JUDGEMENT

(1.) <DJG>MANMOHAN SARIN, J.</DJG> 1. This is an appeal preferred by appellant- Suresh against the judgment dated 18th July, 2003 and the order of sentence dated 19th July, 2003, by which appellant was convicted for offence under Section 376, IPC and sentenced to life imprisonment and a fine of Rs.10,000, in default of payment of fine, further SI for one year. Appellant was also sentenced to imprisonment for 9 7 years RI with a fine of Rs.10,000/-, in default, SI for six months for the offence under. Section 506-11, IPC.

(2.) The prosecution case, in brief, is that a minor girl 'A' aged about 8 years had been living with her brother-in-law Nand Kishore and her sister following the death of her parents.

(3.) On 21st July, 2000, Nand Kishore, her brother-in-law gave her Rs. 2/- to purchase medicine for eye. 'A' who had gone to purchase medicine did not return till late night Nand Kishore lodged a missing person report at Police Post Prem Nagar and searched for her. On the next day, at about 1.30 a.m., Suresh the present appellant and one Prempal who lived in neighborhood, brought 'A' home. 'A' was terrified and did not say anything. In the morning, 'A' told that Suresh had committed rape on her. Further when she tried to raise alarm, he closed her mouth and threatened to kill her. Nand Kishore informed the police on 100 number. Prosecutrix' A' was sent for medical checkup at Sanjay Gandhi Memorial Hospital. A site plan was also got prepared and a FIR under Sections 376 and 506, IPC was registered. Appellant was arrested and his disclosure statement was also recorded. Exhibits were sent to FSL and after completion of investigation, challan was filed.