AMIT KUMAR Vs. STATE

JUDGEMENT

(1.) By the instant appeal, the appellant challenges the judgment dated 20th May, 2014 convicting him for the offences punishable under Sections 376/506 IPC in FIR No.302/2011 registered at PS Vijay Vihar and the order on sentence dated 23rd May, 2014 directing him to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.20,000/ - in default whereof to undergo rigorous imprisonment for two years for offence punishable under Section 376 IPC and rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/ - in default whereof to undergo rigorous imprisonment for six months for offence punishable under Section 506 IPC.

(2.) The brief facts of prosecution case is that on 4th August, 2011 Kamal Dass, PW -5 went to the police station Vijay Vihar with his daughter/prosecutrix and made a complaint that their neighbour Amit and three other boys committed rape on his daughter. On the basis of this complaint DD No.35A was recorded and handed over to SI G.R. Tanwar, PW -13 who thereafter recorded statement of the prosecutrix, her mother Smt. Raj, PW -4 and her father Kamal Das, PW -5.

(3.) The prosecutrix stated that she lived with her parents and was studying in class 8th. On 2nd August, 2011, her mother PW -4 had gone to MAX hospital, Pitam Pura to see her father PW -5 who was admitted in the ICU. She was alone at home. Around 2.00 PM when she was sleeping, Amit who resides at House No.C -66, J.J. Colony, Sector -24, Rohini came to her room after opening the gate to which she objected by saying that "bhaiya kahan aa rahe ho, mai ghar me akeli hoon" but he did not listen. Thereafter Amit slapped her a number of times and tied her hands, mouth and eyes with chunni. He removed her clothes and raped her. She further stated that Amit was drunk at that time. Thereafter Amit went out and called three more boys. Those three boys also committed rape on her. She did not know those boys. She further stated that her father, PW -5 was discharged on the same day. When her parents came back home, she did not tell them anything because Amit had threatened to kill her if she disclosed about the incident to anyone. Next day when she felt unwell and had vomiting, she told her mother about the incident whereafter her parents brought her to the police station, where she narrated the whole incident and prayed for legal action against those persons. The prosecutrix was taken to BSA Hospital for medical examination which was conducted by Dr.Deepika Jagga, PW -3 who prepared the MLC Ex.PW -2/A. On the basis of the statement of the prosecutrix and MLC, FIR under sections 376(G)/506 IPC was registered. Amit was apprehended and his medical examination was conducted vide MLC Ex.PW -3/A. After charge sheet was filed against Amit, charge for offences punishable under Sections 376/506 IPC was framed against him.