ROHIT TIWARI Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 12.08.2015 of learned Addl. Sessions Judge, Delhi in Sessions Case No. 36/15 arising out of FIR No. 112/14 PS Palam Village by which the appellant Rohit Tiwari was convicted for committing offence under Section 376 IPC. By an order dated 20.08.2015, he was sentenced to undergo RI for ten years with fine of Rs.1.5 Lacs in default to undergo simple imprisonment for one year.

(2.) Briefly stated, the prosecution case as set up in the charge - sheet was that from August 2013 to November 2013, the appellant committed rape upon 'X' (assumed name) on the pretext of marrying her. Written complaint (Ex.PW -6/A) lodged by 'X' dated 14.12.2013 formed the basis of First Information Report registered on 09.03.2014. 'X' was medically examined; her statement under Section 164 Cr.P.C. was recorded. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet was filed against the appellant for commission of offences under Sections 376/420/406IPC. The prosecution examined eight witnesses to substantiate its case. In his statement recorded u/s 313 Cr.P.C., the appellant denied his involvement in the crime and pleaded false implication. He stated that prosecutrix herself used to give missed calls to him. They had physical relations. Relations were consensual. He told her that he was married and had two children. DW -1 Anjali Tiwari, his wife, appeared in defence. The Trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has filed the instant appeal.

(3.) I have heard the learned counsel for the parties and have examined the file.