ZAMIR AHMED Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13/05/1992 passed by the learned AdditionalSessions Judge. Delhi where through the convict (hereinafter referred to as the appellant for the sake of convenience) was found guiltyundersection 36313661376 of the Indian Penal Code and senteencedto various terms of imprisonment. He was sentenced to undergolife imprisonment with a fine of Rs. 2,000.00 under Section 376 ofthe Indian Penal Code. In case of his failute to clear the fine hewas directed to undergo R. I. for two years. He was further sentenced to undergo R. 1. for a term of 7 years with a fine of Rs. 1000.00for an offence under Section ?66 of the Indian Penal Code. In caseof fine not being paid he was directed to undergo R.I. for a periodof one year under the said Section. He was then sentenced toundergo R. I. for two years under Section 363 of the Indian PenalCode All the sentences were directed to run concurrently.

(2.) The case of the prosecution as set out in D. D. report No19-A (Ex. Public Witness -2/A), F.I.R. Ex. Public Witness -9/A and the report underSection 173 Criminal Procedure Code . is as under : that HC Omvir Singh (PW-13)was working as the duty constable on 10/01/1988 at R.M.L.Hospital for police station Mandir Marg. On the said date MohdQasim (PW-4) came to- the hospital and got his daughter Km. Qaisar(PW-5) admitted in the aforesaid hospital. He thereupon apprisedthe police station of the said fact which resulted in the recording ofD. D. No.19-A. A copy of the said D. D. report was handed overto A&I Narain Singh (PW.11) for the purposes of enquiry. He inconnection therewith immediately left for R.M.L. Hospital. Hecollected therefrom M.L.C. in respect of Km. Qaisar (hereinafterreferred to as the prosecutrix for the sake of brevity). The doctordeclared the prosecutrix unfit for giving the statement. However,he also met father of the prosecutrix Mohd. Qasim (PW-4). He gothis statement recorded vide Ex. Public Witness -4/A. He sent the said statementto the police station for registration of a formal F.I.R. (Ex.PW-4/A) alongwith his endorsement (Ex. Public Witness -11/A) whereuponan F.I.R. was recorded vide Ex. Public Witness -4/A by the duty officer ASINarain Singh (PW-11).

(3.) Mohd. Qasim ( Public Witness -4) stated in his statement Ex. Public Witness -4/Athat he was a resident of A-2/11, Sarai Khalil, Sadar Bazar, Delhi.He has been residing at the abovesaid address alongwith his familymembers i.e. his wife and children. His daughter known as Km.Qaisar (PW-5) took one rupee from him to have some sweets at8.00 p.m. and went to the market. She returned therefrom afternearabout one-and-a half or two hours. She was crying. On beingasked as to why she was screaming she informed him that while shewas playing outside some unknown person took her inside an uninhabitedand under semi-construction quarters at Sarai Khalil. Hebeat her and ravished her. She was bleeding at that time throughher vagina. He took her immediately to the Lady Hardinge Hospital for treatment. They, however, referred her to the R.M.L. Hospital where she had been admitted. He suspected that someone hadenticed, away her daughter from outside the house and took her tosome deserted place and committed rape on her. A case under Sections 363/376 of the Indian Penal Code was registered on: the basisof this statement.