LUCHHMAN ALIAS KALIA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.542 of 2003 seeks to challenge the judgment dated 26.05.2003 of the Additional Sessions Judge, Delhi, in Sessions Case No.103 of 1998, FIR No.555 of 1998, registered at Police Station Sultanpuri, vide which order and judgment, learned Judge has held the appellant guilty under Section 376 IPC, as also under Section 363 IPC and Section 323 IPC and further vide order dated 30.05.2003 has sentenced the appellant to undergo imprisonment for life for commission of the crime under Section 376 IPC together with a fine of Rs.500/- (rupees five hundred) and in default further Simple Imprisonment for two months. He was also sentenced to undergo Rigorous Imprisonment for three years under Section 363 IPC and fine of Rs.100/- (rupees one hundred) and in default further Simple Imprisonment for 15 days. He was also sentenced to undergo Rigorous Imprisonment for three months for commission of offence under Section 323 IPC. All the sentences were directed to run concurrently.

(2.) The brief facts of the case as have been noted by learned Additional Sessions Judge are as follows :- "that on 23.8.98 Smt. Guddo lodged a report at about 1.00 p.m. that her daughter poonam aged 5 years was missing since 1 p.m. Bhim Singh informed her that he had seen her daughter Poonam with Kaliya r/o E-3/199, Sultanpuri. She expressed the suspicion that Kaliya had kidnapped her daughter. On her statement, formal FIR under section 363 IPC was recorded. Investigation was handed over to SI Dharam Parkash. During investigation, he was informed by the SHO Sultanpuri that the accused was apprehended by the police of police station Moti Nagar and the victim was admitted in DDU Hospital. He went to the Police Station Moti Nagar and recorded the statement of the witnesses. Accused was arrested. His personal search was conducted vide memo Ex. PW16/A. He got the accused medically examined from DDU Hospital. Statement of the victim was recorded. During investigation, pullandas were deposited in the malkhana and after completing investigation, challan was filed in the court."

(3.) Prosecution to bring home the guilt of the accused examined 16 witnesses. Of these PW-1 is HC Suresh Kumar who recorded the DD No.21-A and FIR Ex. PW 1/A. PW-2 is Poonam, the victim. She has in nutshell stated the prosecution case in as much as that the appellant is her uncle and while she was going to her Bua'a house, he took her in a railway coach. He removed her underwear and inserted his male organ in her private part. She felt pain and raised an alarm. The police came and apprehended the accused/appellant. In cross-examination, she deposes that the accused removed his trouser and she felt pain. The accused also removed her Baali. She stated that she was not tutored by her Bua and that blood had oozed from her private part. PW-3 is Smt. Guddo, the complainant while PW-4 is Smt. Bhagwanti who was tendered for cross- examination.