VIJAY VAIDH Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 18.04.2016 of learned Additional Sessions Judge in Sessions Case No.199/2014 arising out of FIR No.524/2014 registered at Police Station Kotla Mubarak Pur, whereby the appellant was held guilty for committing offences punishable under Sections 376/307 IPC. By an order dated 30.04.2016, he was sentenced to undergo Rigorous Imprisonment for ten years with fine Rs.15,000/- under Section 376 IPC and Rigorous Imprisonment for seven years with fine Rs.10,000/- under Section 307 IPC. Both the sentences were to operate concurrently.

(2.) Briefly stated the prosecution case as reflected in the charge- sheet was that on 24.06.2014 at abour 10.15 a.m. at the first floor of House No.A-13/14, Amrit Nagar, South Extension Part-I, New Delhi, the appellant committed rape upon the prosecutrix 'X' (changed name) and also attempted to commit her murder. The incident was conveyed to the police promptly and DD No.21A (Ex.PW-3/1) came to be recorded at Police Station Kotla Mubarak Pur, at 11.00 a.m. The investigation was assigned to SI Ram Saran. The complainant lodged the complaint (Ex.PW-6/A). The investigating officer lodged the FIR. 'X' was medically examined; she recorded her 164 Cr.P.C. statement. The appellant was arrested and medically examined. Exhibits collected during investigation were sent to FSL for examination. Statements of witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against the appellant for commission of offences punishable under Sections 376/307 IPC. In order to establish its case, the prosecution examined twelve witnesses. In 313 Cr.P.C. statement the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in his conviction, as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been filed.

(3.) I have heard the learned counsel for the parties and have examined the file.