ASHOK Vs. STATE (GOVT. OF NCT) OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 07.12.2010 and 10.12.2010 respectively wherein the appellant stands convicted under Ss. 363/376 of the IPC. For his conviction under Sec. 376 of the IPC, he has been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 5,000/ - in default of payment of fine to undergo RI for 6 months. For his conviction under Sec. 363 of the IPC, he has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs. 1,000/ - in default of payment of fine to undergo RI for 2 months.

(2.) Nominal roll of the appellant has been requisitioned. This reflects that as on date he has undergone incarceration of 7 years & almost 5 months. His jail conduct has been satisfactory.

(3.) The version of the prosecution was unfolded in the statement of Rehnuma Khatoon (PW -6) the mother of the victim 'N' (PW -3) (8 years of age) that on 17.12.09 at about 1.00 pm her daughter PW -3 was playing outside. PW -3 all of a sudden went missing. After 4 -5 hours, PW -3 returned home. She appeared not well due to fear and shock. On query by PW -6, PW -3 did not reply. On 26.12.2009, her health deteriorated. When queried again, PW -3 disclosed to her mother that one rickshaw puller took her on the pretext of giving her sweets and committed the unholy act of rape upon her. The mother and daughter accompanied by the uncle of PW -3 (PW -8) went to the police station. On the way, PW -3 saw the appellant Ashok who was a rickshaw puller and she identified him as the person who had committed the aforesaid act upon her. The appellant was apprehended and arrested. Investigation was set into motion. The victim was medically examined. Her medical evidence was proved through her MLC (Ex. PW -9/A). Her hymen was found to be ruptured.