DULI CHAND Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.689 of 2001 seeks to challenge the judgment and order of the Additional Sessions Judge, Kakardooma Court, Shahdara, Delhi in Sessions Case No.79 of 2001, arising out of F.I.R. No.165 of 1996, registered at Police Station Trilok Puri, whereby learned judge vide her judgment dated 10.04.2001 has held the appellant, Duli Chand, guilty for offence under Sections 376/366/365 IPC. Further by her separate order dated 10.04.2001, has sentenced the appellant to life imprisonment with a fine of Rs.10,000/- and in default of payment of fine, simple imprisonment for five months under Section 376 (2) (f) IPC. The appellant was further sentenced to undergo rigorous imprisonment for three years together with fine of Rs.3,000/- and in default, simple imprisonment for 45 days under section 365 IPC and under Section 366 IPC, rigorous imprisonment for three years with fine of Rs.3,000/- and in default, simple imprisonment for 45 days. Out of the fine, if realised, Rs.9,000/- was to be paid to the prosecutrix. All the sentences were directed to run concurrently. Benefit of Section 428 of Code of Criminal Procedure was also awarded to the appellant.

(2.) Brief facts of the case as have been set down by the learned Additional Sessions Judge in her judgment under challenge are as follows :-

(3.) The prosecution examined the prosecutrix, Raj Kumari, PW-2, Kundi Bai, mother of the child, PW-3, Matadin, father of the child as also PW- 13, Ms. Bimla Kumari, learned Metropolitan Magistrate, who recorded the statement of the prosecutrix under Section 164 of Code of Criminal Procedure. The prosecution further examined the doctors PW-9, Dr. M.K. Mandal and PW-10, Dr. Kalpana Kumar, who examined the girl, Raj Kumari, and prepared MLC Exhibit PW 9/A.