PRAHLAD @ PAHALAD @ PAPPU Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) For the offence of kidnapping a minor school going girl and raping her, the appellant stands convicted and sentenced to RI for seven years with fine and default clause. In addition to the aforesaid sentence inflicted upon appellant for the offence of rape, he has been also sentenced to RI for four years and fine with default clause for the offence of kidnapping and the sentences awarded to appellant have been directed by the trial court to run concurrently.

(2.) The factual matrix of this case, as spelt out by the prosecutrix and noted in the impugned judgment, is as under: -

(3.) The version of the prosecutrix is sought to be corroborated by the evidence of her mother (PW -3), who had lodged the FIR regarding missing of the prosecutrix. Apart from the medical evidence, which comprises of evidence of Dr. Praveen Kumar (PW -11), who had prepared the MLC of the prosecutrix and Dr. Kamlesh Kumar (PW -5), who had medically examined the appellant, there is evidence of formal witnesses. Trial court has taken into consideration the evidence on record, the stand of appellant -accused and the deposition of two witnesses got examined by him in his defence and has, thereafter, proceeded to convict the accused for the offences under Sections 363/366/376 of IPC vide impugned judgment of 22nd February, 2014. The conviction and the sentence awarded to appellant, as noted hereinabove, are under challenge in this appeal.