NANDU SAHANI Vs. STATE (GOVT. OF NCT)

JUDGEMENT

(1.) The appellant Nandu Sahani impugns the legality, correctness and propriety of a judgment dated 26.09.2011 of learned Addl. Sessions Judge in Sessions Case No. 49/2010 emanating from FIR No.77/2010 PS Nabi Karim by which he was held guilty for committing offences under Sections 363/354/376 IPC. By a sentence order dated 26.09.2011, he was awarded various prison terms with fine.

(2.) Briefly stated, the prosecution case as projected in the charge-sheet was that on 06.07.2010, the appellant after kidnapping "X" (assumed name) aged about 10 years outraged her modesty and sexually assaulted her. On 06.07.2010, Const.Darvesh Singh produced "X" and the accused Nandu Sahani before ASI Ashwani Kumar of PS Nabi Karim, who was on patrolling duty in the area. On enquiry, "X" disclosed that she had accompanied with her father from her village to attend marriage in Delhi. On the way, her father got down at a station to bring water. The train started leaving him behind.

(3.) "X" in her statement (Ex.PW-1/B) before Child Welfare Committee implicated the accused for committing rape upon her. FIR was subsequently lodged against the appellant and he was arrested. "X" was medically examined; she recorded her 164 Cr.P.C. statement. Exhibits were sent to Forensic Science Laboratory for examination. Statements of the relevant witnesses were recorded. After completion of investigation, a charge-sheet was filed against the appellant in the Court. To bring home appellant's guilt, the prosecution examined fourteen witnesses. In 313 Cr.P.C. statement, the appellant denied his complicity in the crime and pleaded false implication. The trial resulted in his conviction. Being aggrieved and dissatisfied, he has preferred the appeal.