NARESH KUMAR Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dtd. 5/6/2018, and the order on sentence dtd. 7/6/2018, passed by Additional Sessions Judge, Special Fast Track Court, North- West, Rohini, Delhi in SC No. 107/2015, the appellant has challenged the same by filing the present appeal. The appellant was convicted for the offence under Sec. 376 IPC and sentenced to undergo RI for 07 years along with a fine of Rs.5,000.00 and in default thereof, he was to undergo SI for period of 6 months. The benefit of Sec. 428 Cr.P.C was given to the appellant. Appellant's sentence was suspended by this Court vide order dtd. 28/11/2018.

(2.) The investigation was set in motion with receipt of DD No. 55A on 1/2/2013 at 11:15 P.M., recording the information received via intercom that a lady caller was stating that, she had locked two people in her house who had committed galat kaam with her. Her phone number was recorded as 'xxxxxx9021'. The prosecutrix was brought to Police Post Prem Nagar. Her medical examination was conducted and thereafter her statement under Sec. 161 CrPC was recorded. The prosecutrix stated therein, that on 1/2/2013 at around 9:30 pm, she had gone to a nearby shop for recharging her mobile. Her husband was on night duty, her children had gone to her sister's house and she had not locked the door when she went. Upon returning, she found one motorcycle parked near her house. The moment she entered the room, the appellant caught hold of her from behind. When she enquired why he was there at this time, he put his hand on her mouth and told her that, "Tum par bahut din se mera manna a raha tha, aaj maza lekar hi rohoonga". Thereafter, he (appellant) pushed her on a cot, removed their clothes and established physical relations with her. She managed to get out of the room and locked it from the outside. She called 100 number. After police reached, the room was opened and the appellant was apprehended.

(3.) Charges were framed under Ss. 376 IPC, to which the appellant pleaded not guilty and claimed trial. In support of its case, the prosecution examined 13 witnesses. The prosecutrix was examined as PW-13. Dr. Ankur Jain was examined as PW-2, who proved the MLC of prosecutrix. Dr. Geeta Aggarwal, who conducted gynaecological examination of the prosecutrix was examined as PW-3. Inspector Savitri and SI Neeraj, the IOs of the case, were examined as PW-15 and PW-16. HC Satish, the beat officer was examined as PW7. Rest of the witnesses were formal in nature who deposed as to various aspects of investigation.