SATISH Vs. THE STATE (GOVT. OF NCT)

JUDGEMENT

(1.) AGGRIEVED by a judgment dated 20.05.2013 of learned Addl. Sessions Judge in Sessions Case No. 103/13 arising out of FIR No. 296/11 PS Sagarpur whereby the appellant - Satish was held guilty for committing offences under Sections 376/506 IPC, the instant appeal has been preferred by him. By an order dated 20.05.2013, the appellant was sentenced to undergo RI for seven years with fine ' 5,000/ - under Section 376 IPC and RI for one year under Section 506 IPC. Both the substantive sentences were to operate concurrently.

(2.) BRIEFLY stated, the prosecution case as projected in the charge -sheet was that on 25.11.2011 at about 05.00 p.m. at House No. RZ -652, Gali No. 3, Main Sagarpur, Delhi, the appellant committed rape upon the prosecutrix 'X' (assumed name) aged around fifteen years and criminally intimidated her. The incident was reported to the police on 27.11.2011. Investigating Officer after recording victim's statement (Ex. PW -2/A) lodged First Information Report. In her complaint, 'X' implicated the appellant for committing rape upon her. 'X' was medically examined; she recorded her 164 Cr.P.C. statement. The accused was arrested and taken for medical examination. Statements of the witnesses conversant with the facts were recorded. Exhibits collected during investigation were sent for examination to Forensic Science Laboratory. Upon completion of investigation a charge -sheet was filed against the appellant in the Court. The prosecution examined sixteen witnesses to establish appellant's guilt. In 313 Cr.P.C. statement, the appellant denied his complicity in the crime and pleaded false implication without examining any witness in defence. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) LEARNED Addl. Public Prosecutor controverting the appellant's contention urged that there are no sound reasons to disbelieve the prosecutrix aged around fifteen years.