SURYA PRAKASH @ OMU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present appeal, the appellant assails the judgment dated 17th January, 2013 passed by the learned Additional Sessions Judge (Special Fast Track Court), Dwarka, New Delhi whereby he stands convicted for commission of the offences punishable under Section 376 as well as under Section 506 of the Indian Penal Code (hereafter 'IPC'). By the consequential order on sentence dated 29th January, 2013, the appellant was sentenced to undergo imprisonment for life with fine of Rs.50,000/- for commission of the offence punishable under Section 376 of the IPC, which was payable to the victim. In default of payment of fine, the appellant was sentenced to undergo simple imprisonment for one year. The appellant was additionally sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.10,000/- for the offence punishable under Section 506 of the IPC and in default, the appellant was sentenced to undergo simple imprisonment for three months.

(2.) At the outset, we may note that the instant case displays blatant disregard of the mandatory requirement that the identity of a complainant/victim in a case involving sexual offences, should not be disclosed. We find that the trial court record is replete with the first name of the complainant/victim in the record. Care should have been taken to ensure that the name of the complainant does not appear in the record. We, in the present record advert to her as 'M'.

(3.) To the extent necessary, we are noting the brief facts giving rise to the present appeal. The case of the prosecution rests primarily on the testimony of PW 9 'M' the complainant who was the victim of the alleged offence.