(1.) The appellant Sarfraz impugns a judgment dated 19.11.2013 of learned Addl. Sessions Judge in Sessions Case No.146/2013 arising out of FIR No.209/2011 registered at PS Kanjhawala whereby he was held guilty for committing offences punishable under Sections 376/506 IPC. By an order dated 20.11.2013, he was sentenced to undergo RI for ten years with fine Rs.10,000.00 under Sec. 376 Penal Code and RI for three years with fine Rs.5,000.00 under Sec. 506 IPC. Both the sentences were to operate concurrently.
(2.) Briefly stated, the prosecution case as reflected in the charge sheet was that on the night intervening 29/30.08.2011 at about 03.00 a.m. the appellant committed rape upon the prosecutrix 'X' (assumed name) aged around 15 years after criminal intimidation. Information about the incident was conveyed to the police and DD No.32A (Ex.PW-13/A) came into existence at 05.50 p.m. at PS Kanjhawala. After recording victim's statement (Ex.PW-1/A), the Investigating Officer lodged the FIR. 'X' was medically examined; she recorded her 164 Crimial P.C. statement. During investigation, the accused was arrested and medically examined. Statements of the witnesses conversant with the facts were recorded. Exhibits collected during investigation were sent to the Forensic Science Laboratory for examination. Upon completion of investigation, a charge-sheet was filed against the appellant in the Court. In order to establish its case the prosecution examined fifteen witnesses and relied upon various exhibits. In 313 Crimial P.C. statement, the appellant denied his involvement and pleaded false implication in the crime. He examined three witnesses DW-1 (Sharafat Ali), DW-2 (Shokeen Mohammad) & DW-3 (Nisar) in defence. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the present appeal has been preferred by him.
(3.) I have heard the learned counsel for the parties and have examined the file. Admitted position is that the appellant and the prosecutrix were acquainted with each other. The appellant was a regular visitor to the house of his brother-in-law who lived in X's neighbourhood.