AJAY KUMAR MANDAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 03.3.2012 wherein the appellant stood convicted under Sections 376 and 506 of the IPC. He had been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5000/-, in default of payment of fine to undergo SI for a period of 2 months under Section 376 of the IPC. For his second conviction he had been sentenced to undergo RI for a period of 3 years. Sentences were to run concurrently.

(2.) The version of the prosecution was unfolded in the complaint made by the complainant "RJ" (PW-1). She had disclosed that she was staying with her sister in her jhuggi at Ambedkar Bhawan, Pahar Ganj since the last two years. She was looking after the children of her elder sister. On 16.9.2009 in the afternoon at about 2.00 p.m. when she was sitting with the children of her sister aged 11/2 years and 4 years the accused (who was their neighbor) came to the jhuggi. She knew him from before. He pressed her mouth and committed rape upon her. He threatened her not to disclose the incident to anyone or else he would kill her sister's children. In the evening when her sister Kanchan (PW- 3) returned home, she narrated the incident to her. FIR was registered on the complaint. The prosecution in support of its case had examined nine witnesses of whom prosecutrix was examined as PW-1. Her elder sister Kanchan was examined as PW-3. Dr.Shilpa Dhingra (PW-2) had medically examined the victim; her hymen was not intact. No external injuries were noted. Her blood samples and vaginal swab and smear were taken besides her salwar which was sent for a scientific examination. The Investigation Officer W/ASI Vedawati was examined as PW-9. She had proved the FSL report as Ex.PW-9/D; the report of the biological division was proved as Ex.PW-9/E.

(3.) In the statement of the accused recorded under Section 313 Cr.P.C. he had taken up the defence of alibi. Submission being that he was not present at the place of incident on the day of the incident as he had gone to meet his brother at Laxmi Nagar at a Juice shop where his brother was employed. No evidence was led in defence.