PRADEEP KUMAR Vs. NCT OF DELHI

JUDGEMENT

(1.) Tried on a charge for committing rape on a four- year old girl child, the appellant was, eventually, convicted under Section 376 read with Section 511 IPC and sentenced to five years RI and a fine of Rs.5,000/-, in default six months SI. Aggrieved by his conviction and sentence, the appellant has filed instant appeal.

(2.) Material facts relevant for disposal of present appeal are that on 26th of December, 2000 at about 1.00 p.m. a four-year old female child named Mona was playing in the street with other children. She was called by the appellant to his house and on her reaching there, he closed the door and allgedly committed rape on her. On reaching her house, Mona narrated the incident to her mother, Sulekha. The mother, in turn, informed her husband on phone in his office about the incident. Pawan Kumar Jha, father of the prosecutrix rushed back to his house. On an enquiry, Mona gave her account of the incident to him. The father, thereafter, went to the house of the appellant and knocked at his door. Though the appellant was inside his house, he did not respond. On an information being received, the police reached the place. The door was forced open as the appellant failed to respond even on police thumping his door. A bed sheet spread over the bed in appellant's room which appeared to bear semen stains was picked up and taken into possession by the police. Besides, four/five obscene books, lying under the bed sheet were also seized.

(3.) Pawan Kumar Jha, father of the prosecutrix made his statement to the police, on the basis of which a FIR under Section 376 IPC was registered against the appellant at PS Dabri on the same date at 4.25 p.m. and the appellant was arrested.