JAGDISH PRASAD SHARMA Vs. STATE

JUDGEMENT

(1.) THE appellant, Jagdish Prasad s/o Sh. Babu Ram aged about 31 years, permanent resident of Gulab Vatika, Loni Road, Ghaziabad has been convicted of an offence punishable under Section 376 of Indian Penal Code vide judgment dated August 24, 1990 of an Additional Sessions Judge, Shahdra and has been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 1,000/ - and in default to further undergo rigorous imprisonment for one year vide order dated September 5, 1990 with further following directions : "Till such time the Legislature does not prescribe forcible castration, I feel some beginning should/could be made by including convicts of such heinous crimes to opt for voluntary castration so that they could be of help and utility to their dear ones rather than keep on languishing in jail for life. It, therefore, hold and lay down that in case the accused undergoes voluntary surgical operation of castration, to be certified by the Medical Supdt. of the government hospital concerned, with the prior approval and consent of the Hon'ble High Court of Delhi, his remaining sentence would be deemed to have been waived."

(2.) HE has been held guilty of having committed rape on an infant child namely Mamta aged about 3 -1/2 years on the 10th May, 1987 at about 8.30 p.m. in the compound of house of one Ramji Lal situated in main Krishna Gali, Shahdra.

(3.) PW 1, Smt. Usha Rani and her husband PW 3 Shiv Chadran Gupta, along with their three minor daughters were residing in House No. 600/12, Krishna Gali No. 11, Mauzpur, Delhi. Their eldest daughter namely Mamta was aged about 3 -1/2 years at the time of the occurrence. P.W. 2 Sh. Ram Kishan, is a D.T.C. driver by profession and is resident of House No. 660/12A, Maujpur, Delhi.