STATE Vs. KAPIL

JUDGEMENT

(1.) The instant appeal preferred by the State under Section 377 Cr.P.C. for enhancement of sentence awarded to the respondent has been contested by him.

(2.) Briefly stated, the allegations against the respondent in the charge-sheet were that on 16.08.2012 at around 8:30 p.m. after kidnapping the prosecutrix 'X' (assumed name), aged around 16 years from the lawful guardianship of her parents from House No.548, Naraina Village, New Delhi, he committed rape upon her at Amritsar. On 16.08.2012, 'X' left her house at 8.30 p.m. to return shortly but did not come back. Her parents searched her at various places but in vain. Finally, her father lodged complaint (Ex.PW-3/A) and the Investigating Officer registered FIR under Section 363 IPC. After the prosecutrix and the appellant returned to Delhi, 'X' was medically examined and her statement under Section 164 Cr.P.C. was recorded. Section 366/376 IPC were added. The accused was arrested. Statements of witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against the appellant in the court. The prosecution examined four witnesses including the prosecutrix and her parents. Thereafter, the appellant opted to plead guilty to the charge. After considering the evidence on record and the plea of guilt, the Trial Court by the impugned order convicted the appellant for commission of offences under Section 363/366/376 IPC in Sessions Case No.69/13, arising from the FIR No.129/12 registered at Police Station Naraina. By an order dated 18.02.2013, the appellant was sentenced to undergo sentence for the period already spent by him in custody. Aggrieved by the said orders, State has filed the instant appeal for its enhancement.

(3.) In her Court statement as PW-2, the prosecutrix exonerated the appellant completely for kidnapping her or to have established physical relations with her against her wishes. She was categorical to say that on 16.08.2012 at around 7/7:30 p.m. she had met the appellant. They both wanted to marry. Thereafter, from the house of her friend Aditi, they hired an auto-rikshaw and went to Bus Terminal. From there, they boarded a bus to Amritsar and reached there the next day at around 11:00 a.m. or 11:30 a.m. They stayed in a hotel for two days where physical relations were established with her consent. On 19.08.2012, she got a call from her father who assured to perform their marriage. On return to Delhi on 20.08.2012, she went to her mausi's house. Her father brought her back and the appellant to the Police Station. In the cross-examination she disclosed that the statement recorded before the Magistrate under Section 164 Cr.P.C. was under pressure from her parents. She further claimed that she was aged around 18 years on the day of her examination i.e. 18.02.2013.