SANTOSH Vs. STATE

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Sec. 374 Crimial P.C. assailing the judgment and order on sentence dated 6th Dec., 2016 and 21st Dec., 2016 respectively whereby he has been convicted for committing the offence punishable under Sec. 376 Penal Code and sentenced to undergo RI for seven year with fine of RS. 30,000.00 and in default of payment of fine, to undergo RI for one-and-a-half year.

(2.) In brief, the case of prosecution is that on 16th Sept., 2013 at about 6.50 am, DD No.12-A was recorded at PS South Rohini about a wireless message being received that the Contractor (thekedar) had done 'galat kaam' during night time with the wife of the informant. The DD was assigned to SI Ravi for necessary action. SI Ravi reached the spot and inquired about the incident. Thereafter he apprised the SHO who sent W/SI Khushboo along with W/Ct. Mukesh to the spot. W/SI Khushboo recorded the statement of prosecutrix/complainant 'G' (name withheld to conceal her identity) and sent the rukka for registration of FIR. Crime team was also called at the spot and prosecutrix was sent to Baba Saheb Ambedkar hospital for medical examination.

(3.) On the basis of the statement Ex.PW11/A made by the prosecutrix 'G', case FIR No.269/2013 under Sec. 376 Penal Code was registered at PS South Rohini. Appellant/convict was arrested on the same day and also got medically examined at the same hospital. Statement under Sec. 164 Crimial P.C. Ex.PW11/B was also recorded by the learned Magistrate on the same day i.e. on 16th Sept., 2013 when the complainant was produced for getting her statement under Sec. 164 CrPC.