RAI SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 9.10.2006 and Order on Sentence dated 12.10.2006 whereby the appellant was convicted under Section 376 of IPC and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/ - or to undergo simple imprisonment for two months in default.

(2.) ON 21.1.2005, information was given to Police Control Room about quarrel between landlord and tenant in House No. 1094, Gali No. 25, L -Ist Block, Sangam Vihar, New Delhi. The information was recorded vide DD No. 10 -B and was marked to ASI Attar Singh for enquiry. When he reached the spot, the prosecutrix gave her statement, which was recorded by the Investigating Officer. It was alleged by the prosecutrix that on 18.1.2005, at about 7:30 pm, when she had gone to the toilet, Mohit, son of the landlord, aged about 7/8 years informed her that his mother was calling her upstairs. When she reached there, the appellant who was present there covered her mouth from his hand and took her to a room where he committed rape on her, after removing her clothes. While committing rape, the appellant also threatened to kill her family in case she disclosed the incident to her parents. In the meantime, the mother of the prosecutrix came there and opened the door. The appellant pushed her and ran away. The matter was disclosed to her father but was not reported to Police since they were afraid of her defamation. On 21.1.2005, when her condition deteriorated, the Police was informed.

(3.) PW -4 Meera Devi is the mother of the prosecutrix. She has stated that on the incident, the prosecutrix was aged about 13 years. She has further stated that they were residing as tenant in House No. 1094, Gali No. 25, L -Ist Block, Sangam Vihar, New Delhi. On that date, the prosecutrix who had gone to toilet, did not return. She searched for her and also made enquiry from her sister -in -law, who advised her to search for the prosecutrix on the roof. The prosecutrix was not found on the roof but the room constructed on the roof was found bolted from inside. She knocked on the door, but, it did not open. She thereupon gave forcible push with her leg as a result of which, the door of the room opened. She saw the appellant having gagged the mouth of her daughter. Her daughter was naked at that time whereas the chain of the pant of the appellant was open. The appellant got up on seeing her, threatened her and fled away after pushing her. She disclosed the incident to her husband. The efforts were made to trace the accused. The landlord, however, threatened them that if they informed the Police they would be defamed and won't be able to get some other accommodation on rent.