ALLAH NOOR Vs. NCT OF DELHI

JUDGEMENT

(1.) THIS order shall dispose of an appeal filed on behalf of the appellant under Section 374(2) Cr.P.C. against the judgment and order dated 7/12.9.2006 passed by Dr. R.K. Yadav, Additional Sessions Judge in Sessions Case No. 156 of 2006 arising out of FIR No. 284/2005 under Section 376 IPC registered at Police Station Gokal Puri, whereby the learned Additional Sessions Judge held the appellant guilty under Section 376 IPC and sentenced him to undergo RI for a period of ten years and to pay a fine of Rs. 50,000/ - and in default of payment of fine to further undergo RI for one year.

(2.) BRIEFLY stated, the case of the prosecution is that the appellant was sent for trial before the Additional Sessions Judge for commission of offence under Section 376 IPC on the basis of the statement of Razia, the daughter in law of the appellant, Ex.PW2/A made to the Duty Officer Police Station Gokal Puri alleging commission of rape by her father in law i.e. appellant on her person on 22.5.2005 at about 4 pm. In her statement made to the Police Ex.PW2/A, she stated as under:

(3.) THE prosecution in order to prove its case has examined eight witnesses. The totality of the evidence, on the basis of which the prosecution rests its case consists of three categories - (i) the oral testimony of PW2 Mst. Razia, who is the complainant/prosecutrix; (ii) The medical evidence i.e. the evidence of PW -7 Dr. Seema, PW -5 Dr. Anubhav Sarikval and PW -6 Dr. Banarasi; and (iii) the evidence of three link witnesses including the evidence of the investigating officer. In his statement under Section 313 Cr.P.C. the appellant pleads that the prosecutrix is not mentally sound. Her brother wanted that he should transfer his house in the name of the prosecutrix. To grind his axe, he moved a complaint before CAW Cell, Nanak Pura, New Delhi and to wield pressure on him, the present case has been lodged against him. In support of his defence, the appellant examined DW -1 Jaffaruddin, DW -2 ASI Raghuraj Singh, DW -3 H.C. Sunita, DW 4 SI Avtar Singh, DW -5 Bhagan and examined himself as DW -6. After completion of trial and after hearing both the parties, the learned Additional Sessions Judge vide impugned judgment and order on sentence convicted the appellant under Section 376 IPC and sentenced him as aforesaid.