HARISH Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 05.2.2013 and 14.02.2013 respectively wherein the appellant stood convicted under Sections 376/363/328/506 of the IPC and had been awarded maximum sentence of RI 10 years of the offences under Section 376 of the IPC besides separate incarceration and fine for his other convictions. The sentences were to run concurrently.

(2.) VERSION of the prosecution is that DD No. 11B was lodged in the local police station Sultanpuri on the complaint of the prosecutrix (PW -13). She was a 21 year old student of Delhi University. Her version was that the appellant wanted to befriend her; on 22.10.2011 he offered her a drink; upon consuming the same she felt nauseated. She was taken to a house at Rohini where rape was committed upon her. Another incident dated 14.11.2011 was also to the effect that rape had again been committed by the appellant upon the victim. Two days later i.e. on 16.11.2011 the victim was again compelled to drink something which made her unconscious; her mother found her the following morning. On 18.11.2011 the victim, fed up with her life, decided to end it and consumed a poisonous substance. She thereafter disclosed the incident to her mother and her elder sister. She did not disclose the incident prior in time as she was under threat that her pornographic video clip had been prepared by the appellant on his mobile phone and he would disclose it. Dr.N.P. Waghmare (PW -15) had examined the mobile record of the accused and as per the data retrieved (in terms of his report Ex.PW -15/A) pornographic pictures and a video were noted in this document.

(3.) IN view of the statement of the prosecutrix as also the separate statements record of her sister (PW -7), the owner of the house (PW -8) where the alleged incident had occurred coupled with the medical evidence which included the testimony of Dr.Indermeet Singh (PW -6), Dr. Dheeraj (PW -10), Dr. Megha Purohit (PW -14), Dr.Rajesh Dalal (PW -16) and the MLC of the victim Ex.PW -6/A evidencing her hymen as torn the appellant stood convicted.