DEEPAK Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C ") is filed against judgment of conviction dtd. 25/1/2008 (hereinafter referred to as the "impugned judgment ") and against order on sentence dtd. 1/2/2008 (hereinafter referred to as the "impugned order on sentence ") passed by the learned ASJ, Rohini Courts, Delhi (hereinafter referred to as the "Trial Court ") in Sessions Case bearing no. 15/2006 arising out of the FIR bearing no. 284/2004, titled "State V Deepak ", registered at P.S. Sultanpuri, Delhi. The appellant vide the impugned judgement was held guilty for committing the offences punishable under Ss. 366/376 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC "). The appellant vide the impugned order on sentence was sentenced to undergo Rigorous Imprisonment for 07 (seven) years with fine of ?5,000/-, in default of payment of fine to undergo Simple Imprisonment for 06 (six) months under Sec. 376 IPC, and Rigorous Imprisonment for 03 (three) years with fine of ?5,000/-, in default to undergo Simple Imprisonment for 03 (three) months under Sec. 366 IPC. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution, in brief, is that DD bearing No. 62-B was registered at Police Station Mangolpuri on 18/5/2004, regarding a boy harassing the prosecutrix. On 21/5/2004, the prosecutrix, along with her mother, went to the police station and got her statement recorded. In her statement, she stated that she was student of class - IX. As it was the summer vacation, she was at home during those days. Her mother used to leave the house for work, as she was engaged in selling snacks from door to door, while her father resided in Punjab. On 18/5/2004, when she was alone at home, the appellant came to their house at 1:30 p.m. and, on some pretext, took her to a room in the back lane. In the said room, he committed rape upon her and threatened her not to disclose the incident to anyone. Thereafter, she narrated the incident to her mother. On the basis of that statement, the FIR under Ss. 376/506 IPC was registered at PS Mangolpuri. 2.1 During the investigation, the prosecutrix was medically examined and her statement was recorded under Sec. 164 Cr.P.C. The appellant was arrested and was also medically examined. Upon completion of Investigation, the chargesheet was filed under Ss. 376/506 IPC in the Court. Charge under Ss. 366/376/506 IPC was framed against the appellant, to which he pleaded not guilty and claimed trial. The prosecution, in order to prove its case, examined 10 witnesses. The statement of the appellant was recorded under Sec. 313 of the Cr.P.C, wherein the appellant denied the incriminating evidences, pleaded innocence, and claimed false implication. The trial resulted in conviction, as aforesaid. Being aggrieved and dissatisfied, the present appeal has been preferred by the appellant.

(3.) I have heard the learned counsel for the Appellant and learned APP for the State, and have examined the record.