NASHRULLA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 26.7.2011 and 02.8.2011 respectively wherein the appellant stands convicted under Sections 363 and 376 of the IPC. The maximum sentence awarded to him is RI 10 years besides fine for each of the two offences. The sentences were to run concurrently.

(2.) On the complaint of Niranjan Shah (PW-6) the present FIR was registered. He was the father of the prosecutrix. The victim was examined as PW-4. Her brother was examined as PW-5. The mother of the victim was examined as PW-3. The doctors who had medically examined the victim and proved her MLC were examined as PW-2 and PW-8. MLC of the victim was proved as Ex.PW-2/A by PW-2. The victim was examined by Dr. Ekta Mathur, Senior Resident, DDU Hospital (PW-8). The accused was arrested 25 days after the date of the incident i.e. on 10.10.2009. The Investigating Officer was examined as PW-16. Charge sheet was filed by the next Investigating Officer i.e. PW-15.

(3.) In the statement of the accused recorded under Section 313 Cr.P.C. he pleaded that he was innocent and he had been falsely implicated. No evidence was led in defence.