RAJESH Vs. STATE

JUDGEMENT

(1.) By the instant appeal, Rajesh challenges the impugned judgment dated 3rd December, 2015 whereby he has been convicted for the offences punishable under Sections 376/506 IPC in FIR No. 158/2012 registered at PS K.N. Katju Marg and the order on sentence dated 7th December, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 20,000/ - in default to undergo simple imprisonment for one year for the offence punishable under Section 376 IPC and rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/ - in default to undergo simple imprisonment for six months for the offence punishable under Section 506 IPC.

(2.) Briefly the prosecution case is that on 7th May 2012, in the evening the prosecutrix came to the police station along with her friend Laxmi PW - 10 and gave a written complaint to PW -13 W/ASI Sajjani. In the complaint, the prosecutrix had stated that she got married to Dharamvir on 16th June 1997 and stayed with him for around 1 1/2 - 2 years. 4 -5 months ago they were divorced and she had a daughter aged 12 years who stays in the hostel. She used to work in a beauty parlour but one month ago she left the job. Around 20 -25 days ago, when she had gone to meet her friend Rakhi at Jahangirpuri, she had purchased 1/2 kgs rasgullas from Aggarwal Sweets and when she was paying, the boy at the counter asked her about her vocation and name. She told him her name and said that she had no job. When she stated that she needed a job, the boy told her that his name was Rajesh and they wanted a lady for the counter in the shop. Rajesh told her that he would ask his father and let her know. Rajesh gave her a mobile number which she did not remember but her mobile number was 9289565094 which was lost on 5th May 2012. On 4th May 2012 she gave a missed call to Rajesh and when Rajesh called back, he asked her to come to Jahangirpuri so that they could talk to his father. She reached Jahangirpuri and Rajesh picked her up on his bike from the metro station. Thereafter, Rajesh took her to Sector -16 Rohini, house no. B -3/116 and B -3/117 for verification. She asked Rajesh that he said he would talk to his father but there was nobody. When she was about to leave, Rajesh sexually assaulted her and committed rape on her. She did not inform the police and came back home in TSR. On 7th May 2012, the prosecutrix narrated the incident to her friend Laxmi PW -10 who brought her to the police station to file a complaint against him. Thereafter the prosecutrix was taken to BSA Hospital for medical examination. The examination was conducted by Dr. Megha Malik Aneja, PW -1 who prepared the MLC Ex.PW -1/A.

(3.) Learned counsel for the appellant contends that the prosecutrix has not supported the prosecution case and has resiled from her previous statement. She did not identify the appellant in the court and also stated that she has not made the statement before the police. PW -10 Laxmi who was the friend of prosecutrix also did not support the prosecution case. As per the MLC, no external injury marks were found on the body of the prosecutrix. Furthermore, the evidence of PW -7 Laxman Singh also does not substantiate the prosecution case.