MOHD ALAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and order dated 16th April, 1999 passed by the learned Additional Sessions Judge in Sessions Case No. 94/1998. By the impugned judgment and order, the appellant was convicted of an offence punishable under Section 376 of the Indian Penal Code (hereinafter referred to the IPC) for raping a minor girl of 10 years of age. On 19th April, 1999, the appellant was heard on the question of sentence and thereafter by an order passed on the same day, he was punished with imprisonment for life and a fine of Rs. 500/-. In default of payment of fine, the appellant is required to undergo further rigorous imprisonment for four months.

(2.) Allegations against the appellant are that on 23rd August, 1997, at about 11.00 p.m. he had taken his step-daughter, a girl aged about 10 years, to a park near Sanjay Jheel, Trilok Puri, Delhi. It is alleged that over there, he raped her. At about 2.00 a.m. he was spotted crossing the road with her, by one Mohd. Farukh. According to Mohd. Farukh, the girl looked terrified and the appellant took her to a tap in the vicinity and gave her a bath. Mohd. Farukh noticed bloodstains on the Salwar of the girl and, therefore, he informed her mother (wife of the appellant) and the girl's maternal uncle (Inayat Ali). The police was also called and a report was lodged in which the appellant was accused of rape.

(3.) After investigations were complete, the police filed a charge-sheet under Section 173 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) and on 11th February, 1998, a charge under Section 376, IPC was framed against the appellant, to which he pleaded not guilty and claimed trial.