GUGAN Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment dated 19th November, 2009 and order on sentence dated 21st November, 2009 whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for a period of 7 years and to pay a fine of L 2,000/- and in default of payment of fine, to undergo SI for 6 months.

(2.) Briefly stating, case FIR No. 601/07 was registered on the basis of statement made by Kumari 'A' (name withheld to conceal her identity) aged about 17 years to the effect that her mother had expired a year ago and after the completion of her last rites (Tehravi) her father used to sexually abuse her and on resistance from her, he used to beat her and do 'galat kaam' with her. Her father had committed 'galat kaam' with her the day before she reported the incident. When she informed the residents of the locality, somebody informed the PCR. The police came and took her and her father to the hospital where their medical examinations were conducted. Her statement under section 164 Cr.P.C, 1973 was also got recorded and after completion of investigation, charge-sheet was filed.

(3.) The appellant pleaded not guilty to the charge framed. The prosecution examined 12 witnesses in all to prove its case. The appellant has also been examined under section 313 Cr.P.C, 1973 to explain the incriminating evidence appearing against him wherein he has denied the case of prosecution and stated that he has been falsely implicated in this case.