MOOL CHAND Vs. STATE

JUDGEMENT

(1.) This is an appeal under section 374 (2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') filed against the judgment of conviction dated 28.06.2013 and order on sentence dated 29.06.2013 by which the appellant has been convicted under Sections 363/376 (2)(f) of the Indian Penal Code, 1860 ('IPC') and has been sentenced to undergo rigorous imprisonment for a period of seven years for the offence committed under Section 363 IPC with fine of Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for three months. The appellant further stands sentenced to life imprisonment for the offence committed under Section 376 (2) (f) along with fine of Rs. 10,000/- and in default of payment of fine, simple imprisonment for six months.

(2.) Before the rival submissions of learned counsel for the parties can be considered, we deem it appropriate to state the case of the prosecution in short.

(3.) It is the case of the prosecution that on 17.08.2012 information regarding rape of a 6/7 year old girl, resident of H. No.A-107, Jailorwala Bagh, Phase-II, Ashok Vihar, Delhi, was received and recorded vide DD No.16A (Ex.PW7/A) at PS Ashok Vihar. The said information was given to SI Rajender Singh (PW-13) through telephone and PSI Suman Bajaj was also sent to the spot where on inquiry by SI Rajender Singh (PW-13), public persons disclosed that the victim girl, with whom the incident had taken place, had been taken to BJRM Hospital by a PCR. PSI Suman (PW-17) met Smt. Maharaji (PW-9), mother of victim child at the spot and they both reached at BJRM Hospital and met the victim child. PSI Suman (PW-17) obtained MLC (Ex.PW4/A) of the victim child, whereupon the concerned doctor had mentioned 'alleged history of sexual assault'. PW-17 seized sexual assault evidence collection kit and sample seal, after obtaining the same from the concerned doctor, who had medically examined the prosecutrix.