MUZAFFAR ALI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 31.10.2012 and 07.11.2012 respectively wherein the appellant had been convicted under Sections 376/506 of the IPC. He has been sentenced to undergo RI for 7 years and to pay a fine of Rs.1000/- for the offence under Section 376 of the IPC. For his second conviction he had been sentenced to undergo RI for 1 month. The sentences were to run concurrently.

(2.) The version of the prosecution unfolded in the testimony of prosecutrix (PW-7) is that on the fateful day i.e. on 01.12.2010 at about 5.00 p.m. when her parents had gone for work and she alone and watching T.V. in the house, the appellant Muzaffar @ Mulla living in the neighbourhood had committed rape upon her; he threatened her not to disclose this incident to anyone. She started crying. When her brother Shivam returned home, she did not disclose the incident to him. She disclosed the incident to her father (PW-1) who in turn informed her mother (PW-8). Police complaint was lodged.

(3.) In view of the version of PW-7 coupled with the version of her mother (PW-8) and her father (PW-1) the accused was convicted. The medical evidence admittedly had not supported the version of the prosecution.