GHANSHYAM Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by a judgment dated 13.12.2012 of learned Addl. Sessions Jugde in Sessions Case No. 104/2010 arising out of FIR No.168/2010 PS Begumpur, by which the appellant - Ghanshyam was held guilty for committing offence punishable under Section 376 IPC, the instant appeal has been filed by him. By an order dated 13.12.2012, he was awarded RI for seven years with fine Rs. 5,000/ -.

(2.) ALLEGATIONS against the appellant as set up in the charge -sheet were that in the year 2009 at Ms.Naaz Khan's house at Budh Vihar and at house No.125, Pocket -12, Savera Apartment, Sector -21, Rohini, he sexually assaulted 'H' (assumed name) aged 14 years several times. A written complaint (Ex.PW -2/DA) was lodged on 29.06.2010 by victim's mother regarding the occurrence to the police. The FIR was lodged after recording victim's statement (Ex.PW -3/A) on 30.06.2010. 'H' was medically examined. The accused was arrested on 01.07.2014 and taken for medical examination. Statements of the witnesses conversant with the facts were recorded. Exhibits were sent to Forensic Science Laboratory for examination. After completion of investigation, a charge -sheet was submitted against the appellant in the Court. To establish the appellant's guilt, the prosecution examined fifteen witnesses. In 313 Cr.P.C. statement, the appellant denied his complicity in the crime and pleaded false implication. He did not examine any witness in defence. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has preferred.

(3.) I have heard the learned counsel for the parties and have examined the file minutely. Admitted position is that 'H' used to work at the residence of CW -1 (Naaj Khan @ Najma Begum) as domestic help. She (Naaj Khan) had promised her parents that she would be kept like her daughter and would be provided good education. The appellant was a servant in the said house. Earlier, he was fired from the job after he committed theft. However, he again joined her in 2009. CW -1 (Naaj Khan @ Najma Begum) earlier lived at Krishan Vihar and subsequently, shifted to Budh Vihar. Finally, she started residing at Savera Apartment, Sector - 21, Rohini. Both 'H' and the appellant continued to work with her in the said house. It is also not disputed that 'H' became pregnant during her stay in the said house. She was medically examined by PW -5 (Dr.Mili Verma) vide MLC Ex.PW -5/A on 30.06.2010. She had pregnancy of seven month duration approximately. She delivered a male child thereafter. The prosecutrix was unaware of her pregnancy. When she felt pain in her abdomen and was taken by her mother to the hospital, her pregnancy surfaced there.