MOHINDER SINGH BHATTI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 13.01.2009 and order on sentence dated 17.01.2009, passed by the learned Additional Sessions Judge, Delhi, in FIR No. 37/07, PS Khajuri Khas, under section 376, Indian Penal Code, 1860 (hereinafter referred to as, "IPC"). By virtue of the said judgment, the appellant was convicted under section 376, IPC and sentenced to Rigorous Imprisonment (hereinafter referred to as, "RI")for a period of seven (7) years with a fine of Rs.5,000/-. In default of the payment of fine, the said appellant was directed to undergo a further Simple Imprisonment (hereinafter referred to as, "SI") for a period of six (6) months. The appellant was also sentenced to undergo RI for a period of six (6) months and a fine of Rs. 500/- under section 506, IPC. In default of the payment of fine, the appellant was directed to undergo SI for a period of three (3) months.

(2.) The facts of the case as noticed by the learned Trial Court, briefly stated are.

(3.) On 20.01.2007 at about 3:07 p.m., an information of commission of rape was received by the Duty Officer of Police Station Khajuri Khas, through Constable Satbir- No.1910, PCR. On receipt of this information, ASI Sunita along with ASI Rajinder and lady Constable Lakshmi reached House No.1502, the alleged house of the appellant. On reaching there, the victim, her mother (Sudha), and one Smt. Pushpa Chamoli met them. The SHO reached at the spot and Crime team was informed. The victim, her mother and Smt. Chamoli along with the police officials went to the house of appellant, Mohinder, but he was not found present at his house. Thereafter, the police officials took the victim to the police station Khajuri Khas, where her statement was recorded. Thereafter, the victim was taken to GTB Hospital, she was got medically examined and MLC bearing No.C-260/07 was obtained. On the basis of the statement of the victim, and in view of the opinion of the Doctor on the MLC, the present case was registered. Investigation was undertaken, site plan was prepared, photographs of the place of occurrence were taken and the appellant was arrested on 26.01.2007. Personal search of the appellant was got done, the disclosure statement of the appellant was recorded, and one bed sheet was recovered at his instance. The appellant was medically examined, blood sample was taken, however, the appellant failed to give his semen sample. On 07.02.2007, statement of the victim was recorded under Section 164, Cr.P.C. On 13.02.2007, TIP of the appellant was scheduled to be fixed, but the appellant refused to join the proceedings. The samples were sent to the FSL and eventually, the appellant was sent for trial wherein he pleaded not guilty. Post trial, the appellant was found guilty of the offence under section 376, IPC read with section 506, IPC.