PRAVEEN @ BABLU Vs. STATE

JUDGEMENT

(1.) The legality of appellant's conviction under Sec. 376 of Penal Code is the subject matter of this appeal. Impugned judgment of 14th March, 2016 holds appellant guilty of having raped prosecutrix, aged 5 years, on 18th Aug., 2012 at 3:30 P.M. at F-281, Phase-6, Aya Nagar, New Delhi.

(2.) Impugned order of 22nd March, 2016, sentences appellant to rigorous imprisonment for 10 years with fine of Rs.50,000.00 for committing offence punishable under Sec. 376 (2) of IPC. Trial court has directed that in default of payment of fine, appellant shall undergo rigorous imprisonment for one year. The facts as noticed in impugned judgment are as under :-

(3.) On 18th Aug. 2012, SI Jaivir Singh recorded statement of Smt. Jameela (PW1), the mother of the victim, who told him that she along with her family was residing in a rented accommodation; that her one son, aged about 11 years was residing with his grand parents in their village, whereas her other four children were living with her; that on 18th Aug., 2012 at about 30 pm, her youngest daughter S, aged 5 years, along with other children was playing in the courtyard and she was chatting with Ms. Anjum, the aunt of her husband, and then Sameer, aged 6 years, the son of Anjum came to her and told her that Parveen @ Bablu uncle, having given her toffee had sent him outside to play and thereafter, he bolted her daughter S along with him in his room; that the mother of the victim rushed towards the room of Parveen and found that the door was closed; that she heard cries of her daughter through the window in the room; that she removed the curtain from the window and peeped inside and saw that Parveen @ Bablu had laid her daughter straight on the floor of the room and after laying himself on her was committing rape upon her; that she raised alarm in high voice and after hearing her voice the accused released her daughter and after putting her underwear on, opened the door of the room; that she caught hold of her daughter and after hearing her voice neighbours had gathered on the spot, and landlord Mobin Khan made a telephonic call to her husband, who after reaching the house called his employer S.K.Sharma, who after reaching called the police on number 100.