RAMESH Vs. STATE

JUDGEMENT

(1.) Having been convicted under Sec. 376(2)(i) IPC as well as Sec. 363 IPC, the appellant herein was sentenced to undergo RI for a period of 30 years along with payment of fine of Rs.10,000.00, in default whereof he would undergo 3 months SI, for the offence under Sec. 376(2)(i) IPC; and RI for a period of 7 years along with payment of fine of Rs.8,000.00, in default whereof he would undergo 2 months SI, for the offence under Sec. 363 IPC. The present appeal has been preferred by the appellant seeking setting aside of the aforesaid.

(2.) The investigation was set into motion when a call at 100 number was received on 15/5/2014. It was informed that one boy had "misbehaved" with a girl and he had been apprehended at C- II/2015 near Banda Park, Badi Masjid, Madangiri, New Delhi.

(3.) DD No. 30(A) came to be recorded and on receipt of the said information, the police team headed by W/SI Komal Rathi (I.O.) reached the spot. The accused was found apprehended by public persons. The victim/minor child aged 3 years, as well as her uncle, also met the I.O. The statement of the child victim's uncle was recorded, who alleged that on Sunday at about 4:40 PM, he was taking rest when his niece, i.e., the victim, along with her sister, Baby 'A', were playing outside the house. After some time, Baby 'A' came inside weeping. On being asked, she told that the child victim had been taken away by someone. He immediately rushed out and asked some persons sitting in the park if they had seen any child with a man. At that time, he heard the crying of a child from a dilapidated room near the park, and when he reached there, he found the child victim lying on the floor and the accused standing near her. On seeing the complainant, he got terrified and started adjusting his clothes. The complainant alleged that the accused had misbehaved with the child. The child victim was taken for medical examination and her statement under Sec. 164 Cr.P.C. also came to be recorded. The exhibits seized during investigation were also sent for forensic examination. On completion of investigation, the chargesheet came to be filed under Ss. 363/354 IPC and Sec. 8 POCSO but charges were initially framed under Ss. 363/354/376/367 IPC and Sec. 8 POCSO. The accused pleaded not guilty and claimed trial.