SARWAN KUMAR Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 18.10.2011 and 21.10.2011 respectively wherein the appellant stands convicted under Section 376 (2)(f) of the IPC. He has been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo SI for 6 months.

(2.) The version of the prosecution is that the victim who was a three years old girl had been subjected to the lust of the appellant; on the fateful date, i.e. on 03.10.2009 while the victim was playing in the courtyard, the accused had taken her to his jhuggi where he had committed rape upon her. The version of the prosecution was unfolded in the testimony of the mother of the victim who has been examined as PW-10 (Chanchun). Her father Kailash was examined as PW-9. The learned MM in the course of investigation had made efforts to record the statement of the victim but being a three years old girl after putting preliminary round of questions, the Court had noted that the witness does not appear to answer the question and as such her statement was not recorded. The MLC of the victim had been prepared by Dr.Sumitra and this medical document (Ex.PW-3/A) had evidenced a torn hymen and abrasion over her lower velva as well as injuries on her face, chest, abdomen and legs.

(3.) In the statement of the accused recoded under Section 313 of the Cr.PC, he has pleaded innocence stating that he has been falsely implicated in the present case.