AKRAM Vs. STATE (NCT) DELHI

JUDGEMENT

(1.) THE appellant - Akram impugns a judgment dated 01.04.2005 of learned Addl. Sessions Judge in Sessions Case No. 5/04 arising out of FIR No. 40/02 PS Seelampur by which he was held guilty for committing offences under Sections 376/511 IPC. By an order dated 02.04.2005, he was awarded RI for three and a half years with fine Rs. 5,000/ -.

(2.) BRIEFLY stated, the prosecution case as reflected in the charge - sheet was that on 15.02.2002 at around 04.00 p.m. on the first floor of Ishtyak's factory, gali No. 22, Zafrabad, Delhi, the appellant attempted to commit rape upon 'X' (assumed name) aged about six years. The Investigating Officer lodged First Information Report after recording statement (Ex.PW -2/A) of victim's mother (Dr.Rehana) under Sections 354/506 IPC on 16.02.2002. 'X' was medically examined. Statements of the witnesses conversant with the facts were recorded. The accused was arrested and medically examined. Exhibits were sent to Forensic Science Laboratory for examination. After completion of investigation, a charge - sheet was filed against the accused for committing offences under Sections 376/511/506 IPC. The accused was charged under Sections 376/511 IPC by an order dated 09.04.2003 to which he pleaded not guilty and claimed trial. The prosecution examined eleven witnesses to substantiate its case. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) ON 15.02.2002 at about 03.00 p.m. after 'X' returned from her school, PW -2 (Rehana), her mother, as usual, asked her to serve pieces of carrots to goats tied on the roof of her house. 'X' went upstairs for serving the pieces of carrots to goats but did not return for a considerable period. PW -2 (Rehana) suspecting something foul went upstairs and saw the appellant on the roof of his house which was adjacent to their roof. The appellant had dropped 'X' from the roof of his house to her roof. When the appellant was confronted, he did not stop and fled the spot. 'X' informed her mother that the accused had lifted her from the roof and had taken to the roof of his house where he removed her undergarment. She further revealed that the accused had also removed his undergarments and attempted to rape her. When PW -2 (Rehana) checked the garments which 'X' was wearing, she found semen stains on it. Immediately, she went to the house of the accused to lodge complaint but the accused's parents did not care. PW -2 (Rehana) informed her husband on phone at his clinic. Thereafter, the FIR was lodged. In the cross -examination, PW -2 (Rehana) disclosed that the height of wall in between the two houses was about 5 ft. Her husband returned to home at 05.30 p.m. When they were going to lodge report, the police officials met them in the gali and she made statement at her house. She admitted that on 15.02.2002, she did not visit the police station and hospital. She further admitted that her daughter did not sustain any injury. She denied that no such incident had taken place and the accused was falsely implicated in this case.