RAJESH Vs. STATE (GOVT OF NCT ) OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 13.10.2011 & 17.10.2011 respectively wherein the appellant stood convicted for an offence under Section 376 (2)(f) of the IPC. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo SI for 6 months.

(2.) Nominal roll of the appellant reflects that as on date, he has undergone incarceration of about 5 years.

(3.) The version of the prosecution was unfolded in the statement made by the complainant Mazda Khatoon (PW-2), the mother of the victim. Her daughter aged 7 years (PW-1) while playing outside the house was found crying; on her asking, her daughter told her that the boy who had been caught hold by the crowd and was being beaten had given her something to eat and thereafter he had committed the act of rape upon her; her daughter told her that she has expressed pain. PW-2 has detailed the incident in the manner in which it was disclosed to her. On inquiry, the name of the appellant was revealed as Rajesh.