PAHLAD Vs. STATE

JUDGEMENT

(1.) The complainant before this Court is the 75 years old prosecutrix examined as PW-13. Her version was that she used to sleep in the public park outside with 3-4 other persons. She used to spend the day as also the night there. On the fateful night, the appellant Pahlad came and sat near her. On her asking, he told her to accompany him. He took her inside the jungle where with a long stick, he tried to commit galat kaam upon her. The victim was in great pain. She was taken to the hospital.

(2.) The statement of the victim (Ex.PW-13/A) was recorded under Section 161 of the Cr.PC which had formed the basis of the FIR. Her MLC was proved as Ex.PW-6/A. On the basis of her oral testimony and the medical evidence which was noted to be corroborative of her oral version, the appellant stood convicted.

(3.) The appellant was convicted vide separate judgment and order on sentence dated 17.01.2012 and 31.01.2012 respectively vide which he had been convicted under Sections 366/367/377/307 of the IPC and had been sentenced to undergo a maximum period of RI 10 years for the offence under Sections 367/377 of the IPC besides fine for each of the separate offences. The nominal roll of the appellant reflects that as on date, the appellant has completed five years of incarceration including remission.