ASLAM Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) Aggrieved by a judgment dated 21.07.2003 of learned Addl. Sessions Judge in Sessions Case No. 63/2001 arising out of FIR No.40/01 PS Khajoori Khas by which the appellant Aslam @ Akram was convicted under Sections 366/376 IPC, he has filed the instant appeal. By an order dated 22.07.2003, he was awarded RI for ten years with fine Rs. 10,000/- each under Sections 366/376 IPC. Both the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as set up in the chargesheet was that on 25.02.2001 at about 07.00 P.M. from 20 Foota Road, ABlock, Shree Ram Colony, the appellant kidnapped prosecutrix "X" (assumed name) a minor from the lawful guardianship of her parents without their consent and thereafter sexually assaulted her. The police machinery was set in motion when victim's father Mustaq Ahmed lodged Missing Person Report (Ex.PW-3/A) at 07.45 P.M. at Police Station Khajoori Khas. SI Ajay Kumar along with HC Surender, Const. Ram Gopal and Const. Devender, on receipt of the information, immediately went to a deserted plot at Gokalpuri. The appellant was found in the company of "X" who was lying naked there. The appellant was arrested at the spot. The Investigating Officer after recording statement of the victim's father Mustaq Ahmed (Ex.PW-3/B) lodged First Information Report by sending rukka (Ex.PW-15/A) at 12.45 A.M. "X" was taken for medical examination. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the accused for the commission of the aforesaid offences. The prosecution examined sixteen witnesses to establish its case. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the instant appeal.

(3.) I have heard the learned counsel for the parties and have examined the file. Indisputably, "X" aged around 6 / 7 years was kidnapped and sexually assaulted. The crucial aspect for determination is whether the appellant was the author of the crime. The prosecution witnesses have given divergent and inconsistent versions. It has come on record that the appellant was also involved in FIR No. 31/01 of PS Khajoori Khas under Sections 363/376 IPC and Investigating Officer in the said FIR was also SI Ajay Kumar, the Investigating Officer in this case. In that case, SI Ajay Kumar had visited with the prosecutrix in the said FIR to the spot where allegedly, he had sexually assaulted her. This had led the Investigating Officer to suspect the perpetrator of the crime of this FIR to be present at the said plot along with the prosecutrix "X".