CHANDER DEV RAI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE appellant in the present appeal has challenged his conviction under Section 376 of Indian Penal Code and his sentence of life imprisonment and a fine of Rs. 10,000/- in FIR No. 832 of 1992, Police Station shalimar Bagh, Delhi imposed by the learned ASJ, Tis Hazari Courts, Delhi.

(2.) THE case of the prosecution was that on 28th November, 1999, Shri ram Bahadur, father of the two-year old prosecutrix, Pooja had come to house No. 564, Gali No. 6, Ambedkar Nagar, along with his wife to attend the Chati ceremony at the house of the son of his Chacha, named Pramod. On the said day, at about 7. 00 PM, Shri Ram Bahadur found his daughter missing from the house. He along with other family members tried to search her but could not find her. At about 9. 45 PM the cries of Pooja were heard coming from the house of the appellant which was in Gali No. 6, Haidar Pur, delhi.

(3.) WHEN Shri Ram Bahadur, father of Pooja, came to House No. 565 of the appellant, he found Pooja wrapped in a blanket. Along with Ram bahadur his wife and other people of the locality had also come to the house of the appellant. Pooja, at that time, was bleeding from the vagina and a call was made to Phone No. 100. The police vehicle, which had come pursuant to the call made to phone No. 100, took Pooja to Bara Hindu Rao Hospital along with wife of Ram Bahadur. DD No. 48b was recorded and the investigation was handed over to SI Tejpal Singh who along with Constable umender Singh, reached the House of the appellant and found many people gathered there. When SI Tejpal Singh and Constable Umender Singh reached the house of the appellant, they came to know that Pooja had already been taken to Bara Hindu Rao Hospital. Statement of Ram Bahadur was recorded and thereafter, an FIR under Section 376 of Indian Penal Code was registered by the local police and investigation handed over to SI Tejpal singh.