RAJESH KUMAR ALIAS RAJU Vs. STATE DELHI ADMN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 13th November, 1998 whereby the appellant was convicted under Sections 307 and 452 of the Indian Penal Code as well as against order on sentence dated 17th November, 1998 whereby he was sentenced to undergo RI for two years and to pay a fine of Rs.500/-under Section 307 of the IPC and the same sentence under Section 452 IPC. Both sentences were to run concurrently.

(2.) Brief facts are that appellant was an ex-servant at the shop/office of the husband of the complainant. On 11th August, 1993, the appellant went to the house of the complainant at about 1 pm. The complainant was teaching her children and her son Deepu was taking meals. The appellant told the complainant that he had come from Firozabad and was hungry, he be given food to eat. The complainant told him that no food was ready at that time. On this, the appellant picked up her son Deepu, who was taking food, along with his food plate and took him upstairs. The complainant got doubtful about the intentions of the appellant and she proceeded towards stairs to go upstairs. She found another boy standing near the stairs. She inquired from that boy as to who was he. By this time, the appellant came near her and caught her from her hair and threatened to kill her. Complainant started crying. On hearing her cries, the other boy ran upstairs and jumped from the roof and ran away. On hearing cries of complainant, her neighbours came. The appellant left her and rushed to the back door and ran away. She went upstairs to look for her son Deepu but did not find him in the room. On not finding her son, she became panicky and told the neighbours that Deepu was missing. The neighbours also searched for Deepu with her. On search, Deepu was found in the box of 'Deewan' (bed), in unconscious condition. There was a scratch on his neck and some blood drops had come from his penis. Deepu was immediately removed to nearby clinic by the neighbours. The police also reached at the spot and the child was taken to Hindu Rao Hospital from the clinic.

(3.) The child was medically examined at Hindu Rao Hospital where the doctor opined the injuries as simple. As per MLC, he was having bruises on the neck and some blood had come from the urinary track.