HAKIM ALIAS BILLU Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This is an appeal against the judgment dated 28.11.2005 and Order on Sentence dated 01.12.2005, whereby the appellant was convicted U/s. 376 IPC and was sentence to undergo imprisonment for 14 years and to pay fine of Rs. 5,000/- to undergo simple imprisonment for one year in default.

(2.) The case are prosecution, in nutshell is that on 23.05.2003 at about 6.00PM, the appellant took the prosecutrix, then a girl aged about 4 years with him, on the pretext of giving biscuit to her. When the child returned at about 6.30 PM her mother noticed blood stains on her face, thigh and the frock which she was wearing. On enquiry, the prosecutrix informed that the appellant had taken her to his jhuggi and done bad act with her, after removing her clothes as well as his own clothes. On checking the private parts of the prosecutrix, her mother found fresh wounds and blood there. The people living in the locality gathered on the spot and gave beatings to the appellant, when he tried to run away. The police was informed and the appellant was handed over to the police.

(3.) The complainant, who is the mother of the prosecutrix, came in the witness box, as PW-1 and stated that on 23.05.2003 at about 6 PM, when her child was playing with the children in the neighbourhood and she was cooking food, the prosecutrix entered the house in a semi-conscious condition. She was weeping and had blood stains on her face and thighs as well as on her frock. She cleaned her face and thighs and asked her as to what had happened with her. She told her that the appellant Hakim @ Biilu who was living in her neighbourhood had taken her away on the pretext of taking a buiscuit. At the time when the prosecutrix pointed out towards appellant he was locking the door of his jhuggi. The prosecutrix further stated that he took her inside his jhuggi, made her lie on the floor and removed her underwear. When she tried to screem, the appellant put his hands on her mouth tightly and then committed rape upon her. She has further stated that she found fresh injuries on the private part of the prosecutrix and also noticed bleeding from her vagina. The prosecutrix was not wearing underwear at that time. On hearing this, she raised alarm immediately, as a result of which people from the neighbourhood, caught hold of appellant, and gave beating to him, when he was trying to run away. Someone, informed the police. Police reached there and recovered a bed sheet, which was blood stained and underwear of prosecutrix from the house of appellant. The frock which the proseuctrix was wearing was taken by the doctor. The witness has identified frock Ex. P2 which the prosecutrix was wearing at the time of incident.