DILSHAD AHMED Vs. STATE

JUDGEMENT

(1.) THE instant appeal is directed against the judgment dated 30.01.2004 of learned Additional Sessions Judge in Sessions Case No.341/97 arising out of FIR No.648/96 under Section 366A/376 IPC registered at Police Station Janak Puri by which the appellant -Dilshad Ahmed was held guilty for committing offence under Section 354 IPC. By an order dated 17.02.2004, he was sentenced to undergo RI for one year with fine Rs. 5,000/ -.

(2.) ALLEGATIONS against the appellant as set up in the charge -sheet were that on 26.07.1996 at about 04:00 p.m. outside jhuggis in a vacant place in Pappan Kalan, he committed rape upon 'X' (assumed name), aged about 9 years. Statements of witnesses conversant with facts were recorded during investigation. The prosecutrix was medically examined; she recorded 164 Cr.P.C. statement. After completion of investigation, a charge -sheet was filed under Section 366A/376 IPC. The appellant was, however, charged only under Section 376 read with Section 511 IPC to which he pleaded not guilty and claimed trial. The prosecution examined nine witnesses to establish the appellant's guilt. In 313 statement, the appellant denied his complicity in the crime and pleaded false implication. The trial resulted in his conviction as aforesaid. It is relevant to note that the State did not challenge the acquittal under Section 376 read with Section 511 IPC.

(3.) DURING the course of arguments, appellant's counsel on instructions stated that the appellant has opted to give up challenge to the findings on conviction recorded by the Trial Court. He, however, prayed to take lenient view as the appellant has remained in custody for about six months and is not a previous convict. To this, learned Additional Public Prosecutor has no objection.