AJAY KUMAR SONAR @ AJAY Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 19.04.2014 of learned Additional Sessions Judge in Session Case No.73/13 arising out of FIR No.156/12 registered at Police Station Sector -23, Dwarka by which the appellant Ajay Kumar Sonar @ Ajay was held guilty for committing offences under Sections 323/328/376/506 IPC. By an order dated 24.04.2014, he was awarded various prison terms with fine.

(2.) Briefly stated, the prosecution case as projected in the charge -sheet was that on 25.08.2012 at about 2.00 p.m. at House No.107, Servant Quarter Salaria Enclave, Sector -21, Dwarka, the appellant committed rape upon the prosecutrix 'X'(assumed name), aged around 15 years, after administering stupefying substance mixed in medicine. 'X' was slapped and criminally intimidated. The incident was reported to the police on 01.10.2012. The Investigating Officer after recording victim's statement (Ex.PW2/A) lodged First Information Report. 'X' was medically examined; she recorded her 164 Cr.P.C. statement. The accused was arrested and taken for medical examination. Exhibits collected during investigation were sent for examination to Forensic Science Laboratory. Statements of witnesses conversant with the facts were recorded. Upon completion of investigation, a charge -sheet was filed against the appellant in the court. In order to establish its case, the prosecution examined fourteen witnesses. In 313 statement, the appellant pleaded false implication and denied his involvement in the crime. The trial resulted in his conviction as 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 record. Appellant's counsel urged that the Trial Court did not appreciate the evidence in its true and proper perspective and committed grave error to base conviction on the uncorroborated testimonies of the prosecutrix and her sister. The prosecution was unable to explain the inordinate delay in lodging the FIR. No external injuries were found on the body of the prosecutrix during her medical examination. The prosecutrix, her mother and sister did not support the prosecution in entirety. Learned Additional Public Prosecutor urged that there are no sound reasons to disbelieve the prosecutrix who had no extraneous consideration to falsely implicate the appellant.