RAJESH @ RAJU 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. 10/5/2011 (hereinafter referred to as the "impugned judgment") and against order on sentence dtd. 13/5/2011 (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. 12/2010 arising out of the FIR bearing no. 161/2009, registered at P.S. Kanjhawala, Delhi.

(2.) The appellant vide the impugned judgement was held guilty for committing the offence punishable under Ss. 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 a period of 07 years under Sec. 376(1) IPC alongwith a fine of Rs.1,000.00 and in default of payment of fine, the appellant was sentenced to undergo Simple Imprisonment for a period of 03 months.

(3.) The case of the prosecution, in brief, is that on 11/9/2009 at about 1:00 AM, the prosecutrix had gone to toilet at her house and at that time, the appellant entered in the bathroom and committed rape upon the prosecutrix. On the raising of the alarm of the prosecutrix, the brother of the prosecutrix namely, Praveen came there and apprehended the appellant. On receiving the information as to the incident, the police went to the spot and the appellant was arrested. Police recorded statement of prosecutrix, she was got medically examined and her statement under sec. 164 Cr.P.C was got recorded. The exhibits of the case were sent to FSL for examination.