RAHUL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Aggrieved by a judgment dated 5.11.2012 of learned Additional Sessions Judge in Sessions Case No.11/2012 arising out of FIR No.209/11 registered at Police Station Prasad Nagar by which he was held guilty under Section 376 IPC, the appellant-Rahul has filed the instant appeal. By an order dated 8.11.2012, he was awarded RI for seven years with fine Rs. 5,000/-.

(2.) Briefly stated, the prosecution case as stated in the chargesheet was that on 8.12.2011 at about 5.00 p.m. the appellant kidnapped the prosecutrix 'X'(assumed name), aged around 14 years from the lawful guardianship of her parents and took her to a house at Mohan Garden near Gandhi Chowk. On 8.12.11 and 9.12.11, he committed rape upon the prosecutrix. The police machinery came into motion when Daily Diary (DD) No.3A (Ex.PW3/A) came into existence on 10.12.2011 and 'X's mother lodged 'Missing Person' report. Subsequently, the prosecutrix was recovered; she was medically examined; she recorded her 164 Cr.P.C.statement. The accused was arrested and taken for medical examination. Exhibits collected during investigation were sent for examination to Forensic Science Laboratory. Upon completion of investigation, a charge-sheet was filed against the accused for commission of offences punishable under Sections 363/368/376 IPC. By an order dated 3.4.2012, the appellant was charged for committing offences under Sections 368/376 IPC to which he pleaded not guilty and claimed trial.

(3.) During the pendency of appeal, the appellant and the victim wished to marry on her attaining majority. Affidavits of victim and her parents were filed to corroborate appellant's version. Vide order dated 7.11.2014, the appellant was granted interim bail to get marry. Engagement ceremony thereafter took place on 31.01.2015. On 31.07.2015, it was informed that the prosecutrix and the appellant had since married on 27.06.2015. Today the prosecutrix and the appellant are present before the Court along with victim's parents. They have disclosed that after marriage on 27.06.2015, the appellant and the prosecutrix are living happily. Prayer has been made by the appellant, victim and her parents to take lenient view and release the appellant on the sentence already undergone by him. To this, the learned APP has no objection.