BANWARI LAL Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against ajudgment dated February 27, 1985 convicting the appellant in respect of commission of an offence of rape with Kumari Sunita punishable under section 376 Indian Penal Code . and an order of even date sentencing him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 4000.00 , in default of payment of which, to undergo rigorous imprisonment for two years.

(2.) The appellant was carrying on business of cloth at shop No. 146 Patparganj, Delhi. The case of the prosecution is as follows :

(3.) The investigation was conducted by SI Vir Singh (Public Witness 16). The dhoti and piece of cloth of the appellant and salwar of Kumari Sunita were sent to Central Forensic Science Laboratory for opnion. According to the report Ex. PB of Central Forensic Science Laboratory, everyone of those clothes had human semen. After the completion of the investigation, a report under section 173 Cr. P.C. was submitted by Si Surinder Kumar (PW 13) who had taken over in 1983 as Incharge of police post Patparganj.