CHANDER SHEKHAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the Judgment dated 21st January, 2006 and Order on Sentence dated 28th January, 2006, whereby the appellant was convicted u/s 376 and 506 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 10 years and pay fine of Rs.1,000/- or to undergo simple imprisonment for one month in default u/s 376 of Indian Penal Code and was further sentenced to undergo rigorous imprisonment for one year u/s 506 of IPC.

(2.) IN nutshell, the case of the prosecution is that the appellant is the step father of the prosecutrix, aged about 9 years at that time, who was residing with her grandfather in Ghaziabad, whereas the appellant was residing in Loni along with his wife and mother of the prosecutrix, Smt. Chanderwati. On 23rd March, 2004, the appellant took the prosecutrix with him on the pretext of taking her to Vaishno Devi. He took her to his house in Shahpur Jat and committed rape on her person. The prosecutrix was left back at the house of her grand-father on 24th March, 2004. Since the prosecutrix had tooth bite and marks of injuries on her body and was finding it difficult to walk, an inquiry was made from her in this regard. She informed her grand-mother that the appellant had raped her twice at Shahpur Jat on 23rd March, 2004 and had also threatened to kill her, in case she disclosed the incident to anyone. The grand-father of the prosecutrix, namely, Sh. Om Prakash went to police station Ghaziabad in the morning of 25th March, 2004. He was asked to go to police station Hauz Khas as the crime had taken place in the jurisdiction of that police station. He then went to police station Hauz Khas and lodged FIR against the appellant.

(3.) THE grand-father of the prosecutrix was examined as PW7. He stated that the first marriage of his daughter was solemnized with one Bhagwati Prasad. Thereafter, he solemnized her marriage with the appellant Chander Shekhar. The prosecutrix was born from the wedlock of his daughter with Bhagwati Prasad and was living with him at Ghaziabad, where as the appellant Chander Shekhar was residing at Shahpur Jat, Delhi. He further stated that the appellant came to his house and said that his mother was going to Vaishno Devi and, therefore, they wanted to take the prosecutrix along with them. He brought her to Delhi and left her back on 24th March, 2004. In the evening of 24th March, 2004, he noticed bite marks on the cheeks and lips of the prosecutrix and found that she was not able to walk properly. On inquiry, she informed him that the appellant had given bites on her cheek and lips and had established physical relations with her. In the morning of 25th March, 2004, he went to Ghaziabad where he was asked to go to police station Hauz Khas. He then came to police station Hauz Khas where her statement was recorded. The prosecutrix was got medically examined and her under-garments were handed over to police. Thereafter they went to the house of the appellant and one Sari which was lying on the bed was seized from there. The prosecutrix also took out one socks lying under the coat. That socks was also seized by the police.