SHRAWAN Vs. STATE

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973, (the Cr.PC.) the appellant, the sole accused, in S.C. No. 249/2017 on the file of the learned Additional Sessions Judge (SFTC), South-West, Dwarka Courts, New Delhi, challenges the judgment dtd. 9/5/2018 and the order on sentence dtd. 16/5/2018 as per which, he has been convicted and sentenced for the offences punishable under Sec. 376 and Sec. 506 of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that on 27/1/2017 at about 5.00 PM, the appellant/accused, on the pretext of delivering food, entered the house ofPW1, i.e., House No. D-105, Bindapur Gaon, Uttam Nagar, New Delhi, committed penetrative sexual assault on her and threatened her with the dire consequences in case she revealed the incident to others.

(3.) On the basis of Exhibit PW1/A FIS of PW1, given on 27/1/2017, crime No. 64/2017, Police Station Bindapur, i.e., Ex. PW8/B FIR was registered by PW8, ASI Ramesh Chand, on 27/1/2017 at around 9:38 P.M. PW11, Woman Sub-Inspector, conducted investigation into the crime and on completion of the same, submitted charge-sheet dtd. 11/4/2017 alleging commission of the offences punishable under Sec. 376 and Sec. 506 IPC.