MOHD. RAFIQ Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, Cr.P.C.) directed against the judgment dated 27.4.2004 and order on sentence dated 27.4.2004 passed by the learned Additional Sessions Judge in Session's Case No.275/2002, FIR No.630/2001 under Sections 376/506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), P.S. Sangam Vihar, Delhi. By virtue of which the appellant has been sentenced to undergo Rigorous Imprisonment for twelve (12) years and to pay a fine of Rs. 10,000/- for the offence punishable under Section 376, IPC, and in default of the payment of fine to further undergo Simple Imprisonment for one year. The appellant was further sentenced to undergo Simple Imprisonment for two years for the offence punishable under Section 506, Indian Penal Code, without further sentencing him to pay a fine for the offence punishable under Section 506 IPC. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of this case as noticed by the trial court below are that on 31.10.2001 on receipt of copy of DD No.18A of P.S. Sangam Vihar, New Delhi with respect to Kumari ........ (name is withheld and for the sake of future reference hereinafter referred to as, 'victim'), daughter of Ramesh, having been got admitted by her father at AIIMS for her medical examination, S.I. Madan Pal alongwith Constable Shiv Kumar reached AIIMS and found the victim admitted there vide MLC No.99723/01. Her parents were also present in the hospital. Statement of the victim was recorded as Ex.PW-7/A. The victim appended her thumb impression at point 'A' which was duly attested by her father Ramesh. In her said statement, the victim leveled allegations against the appellant Rafiq for an offence punishable under Sections 376 and 506 Indian Penal Code and on the basis thereof the SI prepared 'rukka' Ex.PW-13/A for registration of a formal FIR against the appellant for the offence punishable under Sections 376/506 IPC and thereupon a formal FIR was registered. On 01.11.2001 'Kacchi' and 'nikker', stained with blood that had come out from vagina of the victim were handed over by her father to the SI. On the same day, on information by a secret informer, appellant Mohd. Rafiq was apprehended, his personal search was carried out and he was arrested. The appellant is also stated to have made a disclosure statement and pointed out the place of occurrence. He was also got medically examined. The exhibits handed over by the doctor were taken into possession and deposited in the Malkhana. In the opinion of the doctor the appellant was fit to have sexual intercourse. The victim was referred to the Gynae Department where she remained admitted from 31.10.2001 to 2.11.2001.

(3.) BEFORE dealing with the rival contentions of the parties, it would be appropriate to minutely scrutinize and analyse the evidence of some of the material witnesses.