HIRA LAL Vs. STATE

JUDGEMENT

(1.) OFFICE note reveals that report vide letter No. F3/SCJ.3/ASW/2015/373 dated 12.02.2015 is on record.

(2.) ALLEGATIONS against the appellant as reflected in the Charge -sheet were that on the nigh intervening 2/3 -10.2009 at around 1:45 a.m. he committed rape upon the prosecutrix 'X' at Jhuggi No.21, Ravidass Camp, Chilla Village, Mayur Vihar, Delhi. The complaint was lodged with the police on 9.10.1999. The prosecutrix disclosed as to how and under what circumstances when her husband had left alongwith 'buggi bhaisa' for his work, the accused entered inside the house and sexually assaulted her. When she raised alarm, the accused threatened her. Neighbours collected and the accused was arrested. Call to PCR was made. She, however, did not disclose about the incident due to fear of her husband of being defamed and threat of the accused. During investigation, statements of the witnesses conversant with the facts were recorded. The prosecutrix was medically examined. After completion of investigation a charge -sheet was filed under Section 376 IPC. On the statement of the victim FIR under Section 376 Cr.P.C. was registered at Police Station Mayur Vihar. Her statement under Section 164 Cr.P.C. was recorded. The statements of the witnesses well conversant with the facts were recorded. After completion of investigation, a Charge -sheet under Sections 376/451 IPC was submitted against the appellant. The prosecution examined 13 witnesses to establish the appellant's guilt. In the statement recorded under Section 313 Cr.P.C, the appellant denied his involvement in the offence. The trial resulted in his conviction under Sections 376 IPC. Being aggrieved and dissatisfied, the appeal has been preferred by the appellant.

(3.) THE appeal was listed for hearing on 20.01.2015. When the file was taken up for hearing, none appeared on behalf of the appellant. Production warrants were ordered to be issued against him. Fresh Nominal Roll was also called.