SHIV SHANKER Vs. STATE

JUDGEMENT

(1.) These are two appeals filed by Shiv Shankar and Geeta impugning the judgment and order on sentence dated 12.12.2011 and 21.12.2011 respectively wherein the appellant Shiv Shankar had been convicted for the offence under Sections 376/366/34 of the IPC and had been sentenced to undergo a maximum incarceration of RI 7 years besides fine for each of the two offences. Appellant Geeta had been convicted for the offence under Section 376/366 read with Section 109 of the IPC and had also been sentenced to a period of 7 years RI besides fine for each of the two offences. The sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been granted to the appellants.

(2.) The version of the prosecution was that the prosecutrix (PW-6) had come to Delhi from Jharkhand on her cousin Dashrath having promised her a job. On the fateful day i.e. on 27.03.2009, she met with appellant Geeta who assured her for a job. Geeta introduced her to appellant Shiv Shankar. On the same night, appellant Shiv Shankar established physical relations with PW-6 against her will. He thereafter took the prosecutrix to the red light area at G.B. Road with the intention to sell her. The prosecutrix realized her predicament. She reported the matter to the police. Present FIR was accordingly registered.

(3.) The prosecution in support of its case has examined 10 witnesses of whom the star witness was the prosecutrix herself who was examined as PW-6. It was on her version that the present FIR was registered. Apart from her version, the statement of the doctor (PW-2) has also been relied upon by the prosecution to advance their case. It is pointed out that the MLC of the victim (Ex.PW-2/A) shows that her hymen was torn. To determine the age of the prosecutrix, the medical opinion of the concerned medical officers i.e. PW-8 & PW-9 were obtained who had opined that the victim was more than 15 years but less than 16 years of age as on the date of the incident. The Investigation Officer was examined as PW-10. PW-4 & PW-5 were the constables who were present at the time when the prosecutrix had reported the matter to PW- 10.