PARBHAT KUMAR VIDHYRATHI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment dated 7th January, 2006 and order of sentence of the same day whereby he was convicted by the Trial Court under Section 363/366 IPC and sentenced to undergo RI for 10 years and to pay fine of Rs. 10,000/-, in default to undergo si for two years.

(2.) BRIEF facts relevant for the purpose of deciding this appeal are that the appellant was living nearby the house of Prosecutrix, who was a student of 10th class of Open School. Prosecutrix used to take tuitions from the appellant from 2. 00 p. m. to 5. 00 p. m. On 8th October, 2002 she went to the house of the appellant for taking tuition, but did not come back. She was searched but could not be found. The accused was also missing from his house. It was suspected that accused had enticed her away on the promise of marriage. The investigation was entrusted to SI Nepal Singh. During investigation the address of native place of accused was found out and police accompanied by father of girl went to the house of the accused in Harihar Ganj Police Station nasirganj, Bihar where the girl was found the brought to Delhi. The accused was arrested by Bihar Police about 2 days before, in a case under Section 498a lodged by his wife.

(3.) IN her testimony before the Court Prosecutrix stated that on 8th october, 2002 she had gone to the house of accused to take tuition, there the accused told her that he was shifting his room and took her along on the pretext of showing his new room. He first took her to Ghaziabad in a TSR and where from she was taken to Patna by rail. Initially, accused took her to the house of his sister, then to the house of his 'bua' to Sasa Ram and then to Harihar Ganj, bihar. Accused gave her beatings and also committed rape on her several times. On one occasion accused tried to strangulate her with chunni. She was detained by the accused up to 5th December, 2002 and then her parents along with police brought her to Delhi. During her cross-examination, she admitted that there was police at the Railway Station but she did not report to the police as she was threatened by the accused and she was scared. She had stayed with the accused in a hotel room for one night before catching train for Patna on next day. She had gone to Mughal Sarai and Dehir with the accused. The accused kept her in a hut at these two places. He used to bring food for her from nearby dhabha. She also stayed with the accused in Nasirganj. Both of them stayed at the house of 'bua' for 5-6 days and thereafter accused was arrested by the police in another case under Section 406/498a IPC, lodged by the wife of the accused. During cross-examination she was also confronted with three letters Ex. D1, D2 and D3. She admitted that letters were in her hand and signed by her but took the stand that she was forced to write these letters by the accused. She further stated that at the time when accused was arrested by the police under Section 406/498a ipc, she could not tell the police about her (kidnapping and rape by the accused) because sister of the accused did not allow her to speak. She gave her death of birth as 26. 6. 1985.