STATE Vs. MAHENDER

JUDGEMENT

(1.) The present Criminal Leave Petition has been filed under Sec. 378(1) of the Code of Criminal Procedure by the Appellant seeking leave to appeal against the impugned order dated 06.04.2015 passed by learned Additional Sessions Judge, (North -West) -01, Rohini Courts, New Delhi in Sessions Case No. 01/13.

(2.) The factual narration for disposal of the present appeal lies in a narrow compass. The respondent herein was charged with commission of an offence under Sec. 376 (2) (f) read with Sec. 511 of the Indian Penal Code for committing rape on a minor girl. Her parents were working with the respondent as labourers. On 25.09.2012, Smt. Shanta Devi, sister -in -law of mother of the child victim took the child victim to her house on her responsibility that she would drop her back after 2 -4 days. On 01.10.2012, the respondent, relative of Smt. Shanta Devi took the child victim and daughter of Smt. Shanta Devi to his house on the pretext of giving company to his children as his wife was hospitalized. In the night of 01.10.2012, respondent sent the daughter of Smt. Shanta Devi with food to the hospital. The respondent taking advantage of the absence of the guardian parents of the prosecutrix, took off his clothes as well as clothes the child victim and tried to do 'Galat Kaam' with her. As the child cried, the respondent ran away from the spot and left the child victim at the house of Smt. Shanta Devi from where she was dropped to her own house when the child victim was taking a bath, her mother had seen redness in her private part. Child victim narrated the entire incident to her mother. DD No. 31A was recorded to the effect that on 30.09.2012 rape of a minor girl was committed by one Mahender. First Information Report was registered and respondent was arrested. During the course of investigation, witnesses were examined, seizures were effected and the child victim was medically examined by the doctors. Upon completion of investigation, charge -sheet against the respondent for commission of offences under Ss. 376(2) (f) read with 511 of the Indian Penal Code was filed and charges for the said offences has been framed against the respondent to which he pleaded his innocence and claimed trial.

(3.) In order to substantiate the charge the prosecution examined 14 witnesses in all. Statement of respondent was recorded under Sec. 313 of Code of Criminal Procedure wherein he reiterated his innocence and took up a plea that he has been falsely implicated by the parents of the child victim over a monetary dispute with them. One witness has been examined in defence.