RAM LAKHAN Vs. STATE

JUDGEMENT

(1.) THE challenge in this appeal is to the impugned judgment dated 30.04.2011 and 03.05.2011 in Sessions Case No. 92/09 arising out of FIR No. 134/08 Police Station Nabi Karim, Delhi under Sections 376 IPC vide which the appellant was convicted under Section 376 IPC and was sentenced to undergo rigorous imprisonment for a period of eight (8) years and fine of Rs. 10,000/ -; in default thereof, one year simple imprisonment.

(2.) SUCCINCTLY stated, the prosecution case is as follows.

(3.) SACHIN , brother of the victim, made a statement alleging therein that on 11.09.2008 at about 3 pm, he alongwith his mother and younger sister were present at the house. The accused/appellant who was known to them previously and was residing in the neighbourhood came to their house and asked him as to why he had not taken his mother to the doctor. Sachin replied that he would take her next day. After that Ram Lakhan told his sister 'S' that he had brought good pens from his company and the same were lying in his room and asked her to accompany him to his room. He permitted 'S' to accompany the accused to fetch the pen. Accordingly, Ram Lakhan/appellant left his house alongwith 'S'. After about half an hour 'S' came back weeping and on enquiry informed that Ram Lakhan committed rape on her. He also noticed semen on her underwear. He called his maternal uncle - Ranjit Chowdhary and thereafter police was informed. His statement culminated in registration of instant FIR under Section 376 IPC. During the course of investigation the blood sample of victim, her undergarments, vaginal swab, etc. were taken from the hospital. The accused was also arrested on the same day. He was got medically examined. The Investigating Officer collected sample of semen, pubic hair, blood sample, nail clipping and pant and shirt from the hospital. He made disclosure statement pursuant to which he got recovered one dirty shirt from his house which was seized. The statement of victim was got recorded under Section 164 Cr.PC. The sealed pulandas were sent to FSL, Rohini.