ANIL MEHTO Vs. STATE

JUDGEMENT

(1.) The impugned judgement, dated 17th March, 2004, followed by order on sentence, dated 25th March, 2004, passed by the learned Additional Sessions Judge (hereinafter referred to as "the learned ASJ") convicts the appellant Anil Kumar Mehto, under Sections 376 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"), for committing rape of the prosecutrix (who shall be designated, hereinafter, with the ubiquitous "M") and for criminally intimidating her. Consequently, the appellant has been sentenced to imprisonment for life, with fine of Rs. 10,000/ and default simple imprisonment of one year, for the offence under Section 376 of the IPC, and to rigorous imprisonment of 7 years, with fine of Rs. 10,000/ and default sentence of one year's simple imprisonment, for the offence under Section 506 of the IPC. The sentences have been directed to run concurrently, and the benefit of section 428 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C.") has been extended to the appellant.

(2.) The appellant is in appeal, before us, thereagainst.

(3.) A brief recapitulation of facts: The prosecutrix, who was 10 years old at the time, was stated to have been sleeping, in her house, on the night between 16th and 17th August, 2000, when the appellant entered her room, put his hand over her mouth, and proceeded to commit rape on her, firstly in the room and, thereafter on the roof of the house, to where he carried her. Having committed the said offence, it was alleged that the appellant threatened to eliminate the prosecutrix, in case she disclosed, to anyone else, what had transpired. As the prosecutrix was bleeding, and in pain, she unburdened herself, in the morning, to the ladies of the neighbourhood, who intimated the Police, who arrived and had the prosecutrix medically examined. On the basis of the statement of the prosecutrix, rukka was prepared, FIR registered, and investigations commenced. The appellant was, subsequently, arrested. The statement of the prosecutrix was recorded under Section 164 of the Cr.P.C., wherein she categorically accused the appellant of having committed rape on her and, thereafter, of having threatened to eliminate her, were she to disclose the incident to anyone. The appellant was, accordingly, charge-sheeted under Sections 376 and 506 of the IPC, to which he pleaded not guilty and claimed trial. The impugned judgement, dated 17th March, 2004, and order on sentence, dated 25th March, 2004, represent the culmination thereof.