AJAY @ BOBBY Vs. STATE

JUDGEMENT

(1.) The application, that is, CRL.M.(BAIL) 157/2020, is filed seeking suspension of the appellants sentence in the present case.

(2.) It is the case of the prosecution that on 29/4/2013, FIR No. 105/2013 was registered at Police Station Kotla Mubarakpur on the statement of the victim alleging that at about 9:30AM, when other family members were not present at the house, the appellant (alleged step father of the victim) had called her inside a room and bolted the door. On being asked about the same by the victim, the appellant started touching her forcefully. Allegedly, when the victim resisted and raised her voice, the appellant turned on the volume of the television, whereafter, the victim dealt a blow on the appellants forehead with a brick. Despite the same, the appellant allegedly succeeded in raping the victim. The appellant allegedly also threatened the victim against disclosing about the incident to anyone and dropped her at the house of PW6/ Chena, in whose house the victims mother was working as a maid. The victim disclosed about the incident to PW6, who then called the number 100 and informed the police.

(3.) As the victims mother could not adduce any documents to establish the victims date of birth, the age of the victim was determined through an ossification test, wherein her age was assessed to be between 16 to 17 years of age. As per the FSL report, the DNA generated from the male fraction DNA obtained from the vaginal smear as well as underwear of the victim matched with the DNA profile of the appellant.