CHOTTAN KUMAR Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present appeal has been preferred by the appellant - Chottan Kumar to challenge the legality and correctness of a judgment dated 11.02.2014 of learned Addl. Sessions Judge in Sessions Case No.61/13 arising out of FIR No.120/12 PS Jaitpur by which he was convicted for committing offence punishable under Section 376 Penal Code and was sentenced to undergo RI for seven years with fine Rs.10,000.00.

(2.) The prosecution case as set up in the charge-sheet was that on 09.04.2012 at around 130 p.m. in a room at first floor, House No.FB/II, J.J.Colony, Madanpur Khadar, New Delhi, the appellant committed rape upon the prosecutrix 'X' (assumed name) aged around 21 years without her consent. The information about the occurrence was conveyed to the police on 14.04.201 The Investigating Officer after recording victim's statement (Ex.PW6/A) lodged First Information Report. 'X' was medically examined. Statements of the witnesses conversant with the facts were recorded. The appellant was arrested and taken for medical examination. Upon completion of investigation, a charge-sheet was filed against the appellant in the Court and the prosecution examined nine witnesses to substantiate its case. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) I have heard the learned counsel for the parties and have examined the file minutely. Appellant's conviction is primarily based upon the sole testimony of the prosecutrix 'X'. Settled legal position is that conviction can be based upon the sole testimony of the prosecutrix provided it is reliable and is of sterling quality.