NANHE KHAN Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The appellant-Nanhe Khan impugns a judgment dated 29.09.2015 of learned Additional Sessions Judge in Sessions Case No.46/2012 arising out of FIR No.118/12 registered at Police Station Seelampur by which he was held guilty for committing offence under Sec. 376(2)(f) read with Sec. 511 IPC. By an order dated 30.09.2015, he was sentenced to undergo rigorous Imprisonment for seven years with fine Rs. 25000.00; default sentence being simple imprisonment for two months.

(2.) Briefly stated the prosecution case, as reflected in the charge-sheet, was that on 29.03.2012 at about 03:00 P.M at A-157, Buland Masjid, Shastri Park, New Seelampur, the appellant attempted to commit rape upon the prosecutrix 'X' (assumed name), aged around 11 years. The information of the incident was conveyed and Daily Diary (DD) No. 36B (Ex.PW-13/A) came to be recorded at Police Station Seelampur at 03.12 p.m. The investigation was assigned to W/SI Sarita who with Constables Geeta Bansal and Shyam Prasad went to the spot. After recording victim's statement (Ex. PW-3/A) the Investigating Officer lodged First Information Report. The prosecutrix was taken for medical examination; she recorded her statement under Sec. 164 Crimial P.C. Statements of the witnesses conversant with the facts were recorded. The accused was arrested; exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge-sheet was filed against the appellant for commission of the aforesaid offence. The prosecution in all examined fifteen witnesses. In 313 Crimial P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. DW-1 (Smt. Sabra) appeared in defence. On appreciation of the evidence and after considering the rival contentions of the parties, the Trial Court held the appellant guilty for the offence mentioned previously. Being aggrieved and dissatisfied, the instant appeal has been filed.

(3.) I have heard the learned counsel for the parties and have examined the file. Admitted position is that the victim, her mother, brother and two sisters used to live on the first floor of the premises in question. The appellant lived on the ground floor on rent. 'X' was minor on the date of occurrence.