ARVIND Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Present appeal has been filed by the appellant ­ Arvind to challenge the legality and correctness of a judgment dated 22.12.2012 of learned Addl. Sessions Judge in Sessions Case No.19/2011 arising out of FIR No.89/2011 PS Gazipur by which he was convicted for committing offence under Section 376 IPC. By an order dated 22.12.2012, he was sentenced to undergo RI for seven years with fine Rs.10,000/ -.

(2.) Briefly stated the prosecution case as stated in the charge - sheet was that on 20.03.2011 at about 01.00 a.m. at House No.51, Gazipur village, Gali No.6, Delhi, the appellant committed rape upon the prosecutrix 'X' (changed name), aged 55 years, against her will. The incident was reported to the police on 20.03.2011 and Daily Diary (DD) No.18A (Ex.PW -11/A) came into existence at the Police Control Room in the early morning. After assignment of investigation, ASI Shankar Lal and SI Harpal went to the spot. After recording victim's statement (Ex.PW - 7/A), Investigating Officer lodged First Information Report. Victim was medically examined. Statements of the witnesses conversant with the facts were recorded. Documents collected during investigation were sent to Forensic Science Laboratory for examination. The accused was arrested and medically examined. Upon completion of investigation, a charge - sheet under Section 376 IPC was filed against the appellant in the Court. To substantiate its case, the prosecution produced 12 witnesses and relied on various documents. In 313 Cr.P.C. statement, the accused pleaded false implication due to a quarrel that had taken place with the victim's son. The trial resulted in conviction as mentioned previously. 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. The occurrence took place on the night intervening 19/20.03.2011 at around 01.00 a.m. The incident was reported to the police promptly on 20.03.2011 at around 09.00 a.m. vide Daily Diary (DD) No.18A (Ex.PW -11/A). Initially, it was informed to the police that a 'quarrel' had taken place with a 'lady'. When the Investigating Officer arrived at the spot and reported back the occurrence, it was reported that the two individuals Arvind and Raees, victim's neighbours had committed rape upon her.