JITENDER Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of a judgment delivered by the Addl. Sessions judge, Rohini Court, Delhi in Sessions Case No. 65/06, whereby the appellant was convicted under Section 376/324/343 IPC and Section 23 of the Juvenile Justice Act wide judgment delivered on 21. 04. 2007 and has been sentenced to undergo R. I. for 10 years under Section 376 (2) (f) of the IPC besides payment of fine of Rs. 2000/- and in default to further undergo R. I. for 2 months. The appellant is also sentenced to undergo R. I. for a period of 2 years under Section 324 IPC and further for a period of 1 year under section 343 IPC and S. I. for 6 months under Section 23 of the Juvenile Act. All the sentences were ordered to run concurrently. The appellant was also given the benefit of Section 428 of Cr. P. C. The appellant is in custody since 19. 07. 2004 and has completed a period of more than 7 years in judicial custody.

(2.) THE aforesaid judgment was delivered in a case arising out of FIR No. 632/02 registered at P. S. Nangloi under Section 376/342/325/324 IPC read with Section 23 of the Juvenile Justice Act, 2000, on the basis of an information received and recorded vide DD entry bearing No. 29b on the evening of 18. 04. 2002. On that basis Police undertook investigation and reached at the spot where the prosecutrix a minor girl aged about 5 to 6 years was found locked. After breaking open the locks, the prosecutrix was taken to Sanjay Gandhi Memorial Hospital where she was medically examined. Swelling was found on her body. Doctors gave the details of the injuries recorded in the MLC. The prosecutrix was also examined by a lady doctor (Gynae) who also gave a report that Hymen of the prosecutrix was torn and perineal tear was extending up to anal margin. Statement of the prosecutrix was also recorded, when she stated that accused, his step-father, who had been living with her mother after her real father deserted her mother, while she used to live alone after her mother would go for work in the morning and would come in the evening, used to tie a piece of cloth on her eyes, remove her panty and insert something in her private part (genitals ). Due to this, she had lot of pain. When she used to cry the accused used to beat her on her hands with a wooden danda and one day he hit her on her head with the danda. She also stated that on 18. 07. 2002 when her mother went outside for work and did not come in the night, accused/appellant beat her with danda on her head, hands and back. She received injuries on the fingers. Accused again did 'galat kaam' with her, removed her panty, tie her eyes and put something in between her private part. On that basis FIR under Section 376/342/325/324 IPC and 41. 1 Juvenile justice Act was registered at PS Nangloi and the same was investigated.

(3.) AFTER completing the investigation, the challan was filed. The magistrate committed the case to the court of Sessions who framed charges under Section 376/343/324/326 IPC read with 23 of the Juvenile Justice Act against the appellant who pleaded not guilty and claimed trial.