LAWS(DLH)-2015-7-169

DINESH YADAV Vs. STATE (NCT OF DELHI)

Decided On July 21, 2015
DINESH YADAV Appellant
V/S
STATE (NCT OF DELHI) Respondents

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 21.04.2011 and 30.04.2011 respectively wherein the appellant stood convicted under Sections 376 (2)(f)/506 -II read with Section 109/34 of the IPC. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 25,000/ - for the offence under Section 376 (2)(f) read with Section 506 -II of the IPC and in default of payment of fine to undergo SI for a period of three months. For the offence under Section 354 of the IPC, he had been sentenced to undergo RI for a period of two years. The sentences were to run concurrently. Benefit of Section 428 of the Cr.P.C. had been granted to the appellant.

(2.) THE version of the prosecution is that the victim Kumari A'(PW -6) was raped by her step father i.e. the appellant Dinesh Yadav. This was on the intervening night of 12 -13/06/2009. Prior to this incident also, her father had on 2 -3 occasions committed rape upon her. She had complained about the same to her mother Bhagwati Devi. When Bhagwati Devi accosted her husband, he beat her and threatened to kill her other siblings. On the fateful night, when the mother of the prosecutrix was away, the appellant again committed this dastardly act upon her. FIR was registered on the complaint made by the complainant.

(3.) APART from the appellant, the mother of the victim Bhagwati Devi was also made an accused.