RAM BADAL Vs. STATE

JUDGEMENT

(1.) BY order dated 22.7.1986, the Addl. Sessions Judge, New Delhi convicted accused Ram Badal under Section 376 I.P.C. and sentenced him to undergo R.I. for a period of 7 years. He was also sentenced to pay a fine of Rs. 500/- and in default to undergo R.I. for 3 months. In this appeal, the accused has challenged the order of his conviction and sentence.

(2.) THE prosecution version in brief is that Smt. Meera the prosecutrix was living in a jhuggi near Hanuman Mandir, Z-Block, Loha Mandi, Naraina, Phase-I, New Delhi, alongwith her husband and a child aged 1-1/2 years. Shri Vinay Kumar her husband, was gainfully employed in a factory in Sultanpuri, Delhi. As the prosecution story goes, Shri Vinay Kumar after taking his meals at about 1 P.M. on 4.7.84 went to his duties. Smt. Meera and her child remained in the jhuggi. After some time, the child moved out of the jhuggi while Meera was sleeping. At about 2 or 2.30 P.M, the accused came to her jhuggi and closed the door. The accused then lay over her. Meera woke up, and kicked and tried to push Ram Badal away. Ram Badal, however, gagged her mouth with the pallu of her sari and forcibly committed sexual intercourse. After the act, the accused went out of the jhuggi. As the story goes, Smt. Meera remained in her jhuggi, till the arrival of her husband in the evening. She narrated the entire incident to her husband. Vijay Kumar then collected few persons of the locality, including the Pradhan and told them the incident. The Pradhan is reported to have told the prosecutrix that they would take some action against Ram Badal. In the early hours of the next day the Pradhan and other persons contacted Ram Badal who denied his involvement. Thereafter Vinay and Meera went to the Police Station and lodged the report, Ex. PW 1 A.

(3.) IN order to prove the guilt of the accused, the. prosecution examined as many as nine witnesses, including PW-5, Smt. Meera, PW-6, Shri Vinay Kumar, her husband, and PW-7, Dr. Anita Zutshi, who examined Meera.