SANJAY Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant was tried before the sessions court for committing rape on a minor girl then aged 10 years (hereinafter to be referred as the 'prosecutrix') and at the conclusion of the trial against him, he was convicted by the sessions court under Section 376/506 IPC and was sentenced to undergo rigorous imprisonment for ten years for offence under Section 376 IPC and to rigorous imprisonment for two years for offence under Section 506 IPC. He was also directed to pay fine of Rs.10,000/- and in default to further undergo simple imprisonment for two months. Aggrieved from his conviction and sentence, the appellant has preferred this appeal and has challenged the impugned judgment of the court below on various grounds mentioned in the grounds of appeal.

(2.) The substratum of the prosecution case is as follows: On 15.10.1999, the prosecutrix alongwith her father went to the Police Station where her statement was recorded by the Police Officer. As per her statement, pursuant to which FIR under Section 376/506 IPC was registered against the appellant, she was studying in Class-IV in Sector-3, Municipal Corporation Primary School. On 02.10.1999 at about 6/7 PM, her parents were away to buy cake and her brother and sister were also with her parents and one brother Gaurav was playing outside. At that time, she was alone in the Jhuggi, one Sanjay (appellant) residing in the neighbourhood entered her jhuggi. He was wearing a towel at that time. He came from behind and plugged her mouth. Thereafter, he opened her pyjama and made her lie on the bed. He inserted his male organ inside her female organ as a result of which she felt pain and some blood also oozed out. He threatened her that in case she would disclose this thing to any one, he would kill her. She further stated that out of fear she did not disclose the occurrence to any one. On 15.10.1999 in the morning at about 7:30 AM when her father had gone out to answer the call of nature, appellant Sanjay again peeped inside the Jhuggi from the window and threatened her. He was constantly chasing her and was threatening her. The previous evening he gave a slap blow to her near the lavatory and as such, she then stated the whole incident to her mother. Her mother in turn narrated the whole episode to her father. Thereafter accused Sanjay (appellant) was asked about this on which a quarrel between the two families took place.

(3.) On the above complaint of the prosecutrix, the Investigating Officer made an endorsement and sent a rukka to the Police Station for registration of the case. The case against the appellant was registered on 15.10.1999. The accused was arrested on 16.10.1999 at 6 AM. The prosecutrix was medically examined in Safdarjung Hospital vide MLC No.22983 dated 15.10.1999, as per which her 'hymen' was found torn. The appellant was also got medically examined in Safdarjung Hospital vide MLC STD Clinic No.3951 dated 21.10.1999 and as per his MLC, he was found capable of performing the sexual act. Further investigation were carried out in the case. The ossification test was also got done on the prosecutrix. The ossification report suggested the age of the prosecutrix more than 10 years but less than 12 years. The statement of all the witnesses were recorded and statement of the prosecutrix was also got recorded under Section 164 Cr.PC on 29.10.1999 and thereafter, final report under Section 173 Cr. PC was filed in the court.