PRAVEEN KUMAR @ KANHAIYA Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 16.05.2012 of learned Additional Sessions Judge in Sessions Case No.110/2011 arising out of FIR No.244/11 registered with Police Station Sagarpur by which the appellant Praveen Kumar @ Kanhaiya was convicted under Section 376 IPC, he has filed the instant appeal. By an order dated 22.05.2012, he was awarded RI for seven years with fine Rs. 5,000/-.

(2.) Allegations against the appellant, as projected in the chargesheet were that on 06.10.2011 at about 05.00 a.m. at CN-94, Jhuggi Near Gali No.7, East Sagarpur, Delhi, he committed rape upon prosecutrix 'X'(assumed name). Intimation about the incident was given to the police and DD No.13B (Ex.PW-19/A) came into existence at 06.25 a.m. at Police Station Sagar Pur. Before that an information was received at this said Police Station at 05:21 a.m. about apprehension of a thief at the spot.

(3.) Learned counsel for the appellant urged that the trial court did not appreciate the evidence in its true and proper perspective. It overlooked observations recorded in the MLC whereby no injuries, whatsoever, were found on the body of the prosecutrix. Counsel would urge that 'X' was a consenting party throughout and when her husband arrived at the spot suddenly at 05.30 a.m. from duty and found both of them in compromising position, she falsely implicated him to save her honour. Learned Additional Public Prosecutor urged that no sound reasons exist to disbelieve the prosecutrix.