LALOO SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Learned Trial Court handed down the verdict of guilty against the appellant for having raped ten months old child on 25.1.1999 in House No.. RZ 76, Dabri Extension. The appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine in the sum of Rs.5,000/- failing which he was to further undergo rigorous imprisonment for a period of six months. Aggrieved by that order, the present appeal has been preferred.

(2.) Adumbrated in brief, the case of the prosecution is that PW Mamta went to take a bath, leaving her ten months' old daughter on a cot outside her room. Her attention got attracted by the cries raised by her child. She came out and found that she was being ravished by the accused. Her daughter was found bleeding profusely. The police was called. The accused was beaten by the crowd collected there.

(3.) Learned counsel for the appellant did not pick up a conflict with the abovesaid facts. I have also marshalled the evidence on record. Smt. Mamta, mother of the prosecutrix has gone the whole hog with the prosecution. Her case is corroborated by PW Om Wati, who was living in front of her house. She also got attracted by the cries, went to the spot and the accused was nailed in her presence. She also saw that the accused was lying by the side of the prosecutrix Km. Kavita. She further deposed that the appellant tried to liberate himself but could not succeed. Both of them identified the accused in the Court.