SANJAY Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 09.09.2015 of learned Additional Sessions Judge in Sessions Case No.142/13 arising out of FIR No.538/06 registered at Police Station Nangloi by which the appellant - Sanjay was convicted for committing offence punishable under Section 376/506 IPC. By an order dated14.09.2015, he was sentenced to undergo Rigorous Imprisonment for ten years with fine Rs.20,000/ - under Section 376 IPC and Rigorous Imprisonment for three years with fine Rs.5,000/ - under Section 506 IPC. Both the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case, as set up in the charge - sheet was that on 21.11.2005 between 8.00 a.m. to 10.00 a.m. at H.No.3/138A, Veena Enclave, Nangloi within the jurisdiction of Police Station Nangloi, the appellant committed rape upon the prosecutrix 'X' (assumed name), aged around 16 years and criminally intimidated her. The incident was reported to the police on 1.6.2006. After recording victim's statement (Ex.PW -2/A), the Investigating Officer lodged First Information Report. 'X' was medically examined, she recorded her 164 Cr.P.C. statement. Exhibits collected during investigation were sent to FSL for examination. Statements of witnesses conversant with the facts were recorded. The accused was arrested and medically examined. Upon completion of investigation, a charge -sheet was filed against him in the court. To establish its case, the prosecution examined eleven witnesses. In 313 statement, the appellant denied his complicity in the crime and pleaded false implication. He examined DW -1 (Geeta), DW -2 (Chander Kanta), DW -3 (WSI Savita), DW -4 (Dhanni Devi) and DW -5 (Satish Kumar) in defence. 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 minutely. Admitted case is that the victim's father had expired on 28.11.1996. The appellant, her father's friend, used to visit them at the time of his treatment before death. It is also admitted that after the death of her father, PW -5 (Durga Devi), her mother and the appellant started living together as 'husband' and 'wife' at Nangloi. The appellant was also a married person having four children. Initially, relationship between PW -5 (Durga Devi) and the appellant was cordial. However, after relations became strained subsequently, Durga Devi (PW -5) returned to her residence at Trilok Puri.