VIJAY KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 08.6.2012 and 06.7.2012 respectively wherein the appellant had been convicted under Sections 363/366/376 of the IPC. The sentence awarded to him is RI 5 years and a fine of Rs.2000/- in default of payment of fine to undergo SI for 3 months for his conviction under Section 363; for his conviction under Section 366 of the IPC he has to undergo RI for a period of 5 years and to pay a fine of Rs.2000/- in default of payment of fine to undergo SI for 3 months; for his conviction under Section 376 of the IPC he had been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.2000/- in default of payment of fine to undergo SI for 6 months. Sentences were to run concurrently. Benefit of Section 428 of the Cr.P.C. had also been granted to the appellant.

(2.) Version of the prosecution was unfolded in the testimony of the prosecutrix "S" examined as PW-8. The prosecutrix was reported missing from her house since 08.5.2010. Her mother was examined as PW-7 who had lodged the missing report. She had given her statement Ex.PW-7/A. Her version was to the effect that her daughter aged 15 years of age, student of Swami Dayanad Adarsh Vidyala had gone to school but had not returned home. It was alleged that the accused Vijay had also gone missing from the shop and she suspected that Vijay had enticed "S" away. The prosecutrix was recovered 8-9 days later from Bhatinda. She had reach Delhi. Ms.Rekha, learned M.M. (PW-10) had recorded statement of the prosecutrix under Section 164 Cr.P.C. It was proved as Ex.PW-10/A. The version of the prosecutrix was that the accused had enticed her and taken her away to Bhatinda. She was confined for 8-9 days in a room by the accused where he committed the forceful act of rape upon her which was against her wishes. The prosecutrix was medically examined. Dr.Namita Gupta (PW-5) had given her detailed report Ex.PW-5/A. Hymen of the prosecutrix was found torn. Her vaginal slides and undergarments were taken, sealed and handed over to the police. Accused was also medically examined.

(3.) In the statement of the accused recorded under Section 313 Cr.P.C. he had stated that this is a case of false implication.