HARI CHAND Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 30.03.2013 of learned Addl. Sessions Judge in Sessions Case No.51/2013 arising out of FIR No. 34/09 PS Begumpur by which the appellant - Hari Chand was convicted for committing offence punishable under Sec. 376 IPC. By an order dated 02.04.2013, he was sentenced to undergo RI for ten years with fine Rs. 10,000.00.

(2.) Briefly stated, the prosecution case as reflected in the charge sheet was that on 13.11.2009 at about 01.30 p.m. at House No.204, First Floor, Pocket-18, Sector-24 Rohini, the appellant committed rape upon the prosecutrix 'X' (Changed name). On 13.11.2009 at around 15.19.37 a PCR call was made about the commission of crime. DD No.18A (Ex. PW-14/A) came to be recorded at PS Begumpur at 03.25 p.m. The investigation was assigned to ASI Ved Prakash who along with Const. Babu Lal went to the spot. After recording victim's statement (Ex.PW-1/A), the Investigating Officer lodged First Information Report. The victim was medically examined. Statements of the witnesses conversant with the facts were recorded. The appellant was arrested. Upon completion of investigation, a charge-sheet was filed against the appellant in the Court. In order to establish its case, the prosecution examined seventeen witnesses. In 313 Crimial P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The Trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) I have heard the learned counsel for the parties and have examined the file. Admitted position is that the prosecutrix along with her family members lived in the rented accommodation owned by the appellant for the last about 7/8 months. On the day of incident, the appellant had allegedly gone to collect rent and taking advantage of the X's loneliness, he committed rape upon her.