NADEEM Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 4. 4. 2006 and Order on Sentence dated 5. 4. 2006, whereby the appellant was convicted under Section 376/506 and 292 i. P. C. and was sentenced to undergo R. I. for a period of eight years and pay a fine of rs. 5,000/- or to undergo RI for one year in default, u/s 376 of IPC, to undergo R. I. for a period of two years under Section 506 I. P. C. and to undergo R. I. for one year and pay a fine of Rs. 1,000/- or undergo R. I. for three months in default u/s 292 of IPC.

(2.) THE case of the prosecution in nutshell is that the prosecutrix was studying in Class V of abc Mamta Nursery School, in Welcome colony of Delhi. On 11. 3. 2004, after the prosecutrix had finished her examination, the appellant who was the Principal/owner of the school, stopped her and asked her to dean his office, which was on the first floor of a nearby building. When she went to the office, the appellant also reached there, bolted the door from inside, and started teasing her. He showed obscene pictures in a book as well as on the television, to her. Thereafter, he forcibly raped her, threatening to kill her, in case she complained to her mother. The matter was not reported to the police till 7. 4. 2004 when, on receipt of information regarding a quarrel at D-69, Kabutar Market, Welcome Colony, the Investigating Officer reached there. He found no quarrel taking place at the spot. When he came back to the police station, the prosecutrix and her mother were present there. He recorded the statement of prosecutrix in which she alleged rape by the appellant

(3.) DURING trial, the prosecutrix came in the witness box, as PW-I and stated that on 11. 3. 2004 when she was going home after her paper was over, at about 11 A. M. , the appellant, who used to teach them in the school, asked her to accompany him to the office. He asked her to sweep and clean the office, which was situated in the Gali. Thereafter, he did 'gandi Harkat' with her. He also showed obscene pictures in the book Ex. PW1/c as well as on television to her and asked her to put off the clothes and dance with him. The iron gates were also dosed by him. He raped her and threatened to kill her, in case she complained to her mother. She informed her parents about the incident on 5. 4. 2004. She proved her statement recorded under Section 164 Cr. P. C. and also identified the book Ex. PW-1/c.