SURENDER GUPTA Vs. STATE (GOVT OF NCT)

JUDGEMENT

(1.) The present criminal appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') assails the judgment and order of conviction dated 10.01.2014 and order on sentence dated 13.01.2014, passed by the Ld. ASJ-01 (West), Delhi, in Sessions Case No. 22/12, in FIR No. 20/2012, registered at P.S. Kirti Nagar, whereby the appellant has been convicted for an offence under section 376 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo rigorous imprisonment for a period of 10 years and payment of a fine of Rs.5000/- with a stipulation that in default of payment of fine, the appellant would further undergo simple imprisonment for a period of one month.

(2.) The gravamen of the charge, for which the appellant has been convicted, is, for having committed rape on the prosecutrix, a girl aged about 7 years (at the time of commission of the offence) on 18.01.2012.

(3.) Briefly, the facts of the case as are relevant for the adjudication of the present appeal are as under: