RAM LAL BHARGAV @ VASUDEV @ GUPTA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the Judgment dated 17.4.2006 and Order on Sentence dated 19.4.2006, whereby the appellant was convicted under Section 376/506 of I.P.C. and was sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs. 10,000/ - or to undergo simple imprisonment for six months in default under Section 376 IPC and was further sentenced to undergo rigorous imprisonment for six months under Section 506 IPC without imposing any fine under that section.

(2.) IN nutshell, the case of the prosecution is that the husband of the prosecutrix was a tenant under the appellant and was residing on the upper floor of his house whereas the appellant himself was residing on the ground floor. On 6.7.2005, at about 2:30 p.m., when the husband of the prosecutrix was out of town and only her two young children were present in her room, the appellant came there along with some milk in his hand and requested her to prepare tea for him and bring it to his portion on the ground floor. When the prosecutrix went to the ground floor portion of the premises, along with tea for the appellant, he bolted the main gate of the house, caught hold of her from the back, forcibly laid her down on the bed and raped her after extending threats to kill her in the event of her making any noise. After the occurrence, the prosecutrix started weeping and went to her room on the upper floor of the house. At about 7:00 p.m, when the brother of the prosecutrix came to her house, on enquiry, she narrated the incidence to her brother who thereupon informed to the Police.

(3.) PW -3 Sharwan Kumar Jha is the brother of prosecutrix and has corroborated her testimony. According to him when he reached the house of the prosecutrix at about 7 pm on 6th July, she told him that appellant had raped her at about 3 pm. He, thereafter, informed the Police Control Room, the police came there and registered the case.