VISHAMBER Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by a judgment dated 15.04.2011 of learned Additional Sessions Judge in Sessions Case No. 123/10 emanating from FIR No. 390/08 registered at Police Station Sangam Vihar by which the appellant Vishamber Singh was held guilty under Sections 354/376/506 IPC, the instant appeal has been preferred by him. By an order dated 20.04.2011, the appellant was awarded RI for ten years with fine Rs. 25,000/ - under Section 376 IPC; RI for two years under Section 506 IPC; and, RI for one year under Section 354 IPC. The sentences were to operate concurrently.

(2.) BRIEFLY stated, the prosecution case as reflected in the charge - sheet was that the appellant, father of the prosecutrix 'X' (assumed name), aged 22 years sexually assaulted her after putting her in fear. 'X' lodged complaint (Ex.PW -1/A) on 21.07.2008 and gave detailed account as to how and under what circumstances, the appellant outraged her modesty and subsequently committed rape upon her. 'X' was medically examined. Statements of witnesses conversant with facts were recorded. The accused was arrested and taken for medical examination. After completion of investigation, a charge -sheet was filed against him for the commission of aforesaid offences in the court. The prosecution examined 13 witnesses to substantiate its case. In 313 statement, the appellant denied his involvement and claimed false implication. The appellant examined his son Vishal as DW -1 in defence. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) I have heard the learned counsel for the parties and have examined the file. The prosecutrix, in the instant case, is the daughter of the appellant. In her statement (Ex.PW1/A) given to the police, she gave vivid description of the incident and specifically named the appellant for committing rape upon her. In her Court statement, she proved the police version without major variation. She testified that the accused used to outrage her modesty since the time she was studying in class VIII. The accused used to touch her private parts, put off her clothes and used to force her to have physical relations with her. She brought the incident to the notice of her maternal grandmother -Kusum Devi (PW -2). She in turn conveyed it to her mother -Smt. Shashi Devi. However, there was no change in the behaviour of the accused and he continued to act in the same manner. She gave specific instances when on 20.04.2008 and 01.07.2008 the accused established physical relations with her against her wishes. The accused used to threaten to kill her and her brother/sisters. She informed that on 21.07.2008 she went to police station and lodged complaint (Ex.PW -1/A). In the cross -examination, she elaborated that earlier she used to stay at the residence of her maternal grand mother who lived nearby. She studied in a private school upto Vth standard while staying there. She admitted that her father had purchased three RTVs and one blue -line bus. She expressed her ignorance as to who was managing/controlling the said RTVs/bus. She admitted that her younger sister Pooja had left the house after the appellant's arrest and she was not aware about her whereabouts. She declined that the appellant was falsely implicated to grab his property. She denied to have any acquaintance with Karan and Sidhartha.