GAJADHAR Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid appeal filed by the appellant under Section 374 Cr. P. C. against the judgment of conviction and order of sentence dated 17. 04. 2007 passed by Additional Sessions Judge, New Delhi in S. C no. 149/2006 arising out of FIR No. 625/2006 registered under sections 376/201 ipc at P. S. Najafgarh, whereby the Ld. ASJ held the appellant guilty by imposing a punishment of R. I for a period of 8 years and also to pay fine of Rs. 1000/- and in default of payment of fine to further undergo S. I. for One month. Benefit of Section 428 of Cr. pc has also been extended to the appellant.

(2.) BRIEFLY stated, the case of the prosecution is that the appellant was sent for trial on the basis of the statement of Smt. Sunita Devi (PW2), the complainant, Ex. PW2/a to the duty officer of Police Station Najafgarh alleging commission of rape by the appellant on the prosecutrix/her daughter who was hardly of 9/10 years.

(3.) IN her statement made to police Ex. PW2/a, she had stated that on 29. 06. 2006 prosecutrix (PW3) went to play in the house of the Gajadhar (appellant ). At about 7. 00 pm when complainant (PW2) went to call the prosecutrix from the house of the appellant, she found her sitting on the gate of the house of appellant weeping. Complainant also found that the blood was flowing on her thighs and legs and she was not able to stand properly due to pain. Complainant then called her husaband and nieghbour and took the prosecutrix to government hospital Jafarpur. The complainant observed that the blood was coming out from the vagina of the prosecutrix. The prosecutrix told her that she was raped by the appellant.