RASHID Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) BY virtue of this appeal under Section 374 (2) of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.), the appellant impugns the judgment of conviction dated 14th February, 2011 and order on sentence dated 17th February, 2011 passed by the learned Additional Sessions Judge in Sessions Case No. 190/2008 arising out of FIR No. 195/2004 registered with PS Bawana whereby he was convicted u/s 363/366/376 IPC and was sentenced as under: -

(2.) SUCCINCTLY stated the prosecution case in brief is that on 2nd June, 2004, Riyazuddin, S/o Mohd. Shahzad along with his wife Smt. Gulshan Begum came to police station along with his daughter prosecutrix S and accused Rashid and informed about the commission of rape of his daughter by the accused. Accordingly, DD No. 12 was recorded and W/SI Sanjeeta was called from PS Sultanpuri. Prosecutrix S and accused were handed over to her. W/SI Sanjeeta got prosecutrix medically examined and after confirmation of commission of rape upon the prosecutrix, she recorded her statement wherein she disclosed about the commission of rape on her by the accused. On the basis of this statement, the investigating officer got the case u/s 365/376 IPC registered. Accused was arrested. After completing investigation, charge sheet was submitted against the accused. Accused pleaded not guilty to the charge and claimed trial.

(3.) UNDER the circumstances, so far as conviction of the appellant u/s 363/366/376 IPC is concerned, I do not find any infirmity in the same and, therefore, the findings are upheld.