RAM SWAROOP Vs. STATE OF DELHI

JUDGEMENT

(1.) Convicted for offences punishable under Sections 376/306 IPC vide impugned judgment dated 22nd November, 2001 on the strength of dying declaration of the deceased prosecutrix and the testimony of her husband coupled with the medical evidence, Ram Swaroop prefers the present appeal.

(2.) Vide impugned order on sentence dated 22nd November, 2001 Ram Swaroop was directed to undergo rigorous imprisonment for a period of 10 years for the offence punishable under Section 376 IPC and rigorous imprisonment for a period of 8 years for the offence punishable under Section 306 IPC and directed to pay fine of Rs. 5000/- each on both the counts and in default whereof to undergone simple imprisonment for two years on each count.

(3.) Process of law was set into motion on receipt of DD No.25 Ex.PW6/A on 11th February, 2000 at PS Ambedkar Nagar which was handed over to PW 6 SI Manish Kumar. On reaching the spot along with Constable Gajraj, he was informed that the injured has been sent to Safdarjung Hospital. An application was filed by SI Manish Kumar before the attending doctor for recording the statement of injured whereon the doctor opined the injured to be fit for making statement. Thus, the statement of prosecutrix who died later was recorded whereon FIR No. 43/2000 under Section 376 IPC was registered vide Ex.PW-6/B. After the death of the prosecutrix, Section 306 was added in the course of investigation. Statement of PW-3 husband of the prosecutrix was also recorded. The deceased in her statement disclosed that she was residing at Madangir and was aged about forty years. She had been working as a labourer and was having four daughters and a son. About one month ago, a contractor by the name of Ram Swaroop who resided in Sangam Vihar and with whom she was working, forcibly raped her. She did not disclose the incident of rape fearing disgrace. Thereafter, she tried several times to call him so that he may come and repent on his misdeed but he did not turn up. On 11th February, 2000 at about 3.30 PM when she was alone at her house and was feeling too much dejected because of the incident of rape, she poured kerosene oil and burnt herself, as she felt that she was not able to show her face to anyone. She further stated that her husband knew the contractor Ram Swaroop and his house.