RAMESH @ PEELA Vs. THE STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 27.01.2014 of learned Additional Sessions Judge in Sessions Case No. 105/13 arising out of FIR No.379/2010 registered at Police Station Vijay Vihar whereby the appellant was held guilty for committing offence punishable under Sec. 376 IPC. By an order dated 29.01.2014, the appellant was sentenced to undergo RI for ten years with fine Rs. 20,000.00; default sentence being RI for two years.

(2.) Briefly stated the prosecution case as reflected in the charge sheet was that in between May, 2010 and 31.10.2010 at House No. B-66, Sardar Colony, Sector-23, Rohini, the appellant committed rape upon the prosecutrix 'X' aged around 32 years. PW-4 (Ashok Singh) running a grocery shop adjacent to the place of incident moved the police machinery into motion and made a telephone call 100 when the prosecutrix 'X' came to his shop and informed that co-accused Rani who had brought her from Azamgarh was getting wrong deeds done from her. DD No.23B (Ex.PW- 12/A) came into existence at 01.26 p.m. on 31.10.2010 at PS Vijay Vihar. The investigation was assigned to SI Ramesh Thakur who along with lady Const. Santosh reached the spot. After recording victim's statement (Ex.PW-12/B), the Investigating Officer lodged First Information Report. 'X' was medically examined. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against the appellant and one Rani (since acquitted) in the Court. In order to establish its case, the prosecution examined eighteen witnesses. The appellant pleaded false implication and denied his involvement in the crime. Trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the instant appeal.

(3.) I have heard the learned counsel for the parties and have examined the file. It is relevant to note that co-accused Rani was charged for commission of offence punishable under Sec. 376 Penal Code read with Sections 109/506 Penal Code and Sections 3 & 4 of ITP Act by an order dated 04.02011. However, by a judgment dated 02.02.2012 in Sessions Case No.108/2011 she was acquitted of all the charges. It appears that Rani's acquittal has not been challenged by the State.