OM PRAKASH Vs. STATE

JUDGEMENT

(1.) The present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.PC'), assails the judgment and order of conviction dated 21st October, 2016 and Order on sentence dated 22nd October, 2016, passed by the Additional Sessions Judge-01 (North-East), Karkardooma Courts, Delhi, in Sessions Case No. 44914/2016, arising out of FIR No. 197/2012, registered under Sections 376/354/506 and 34 of the Indian Penal Code, 1860, (hereinafter referred to as the 'IPC'), at Police Station Gokulpuri, in case titled as "State vs. Om Prakash & Anr"; whereby, the appellant, Om Prakash, who is the father of the minor prosecutrix (hereinafter referred to as 'PW-2'), was convicted for the offence of rape under Section 376 IPC and sentenced to undergo rigorous imprisonment for life, along with a payment of fine of Rs. 5,000/-. In default of the payment of fine, the appellant has been sentenced to undergo simple imprisonment for a period of one month. Further, for the offence punishable under the provision of Section 506 (II) IPC, the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of three years, along with the payment of fine of Rs.2,000/-. In default of the payment of fine, the appellant has been sentenced to undergo simple imprisonment for a period of 15 days.

(2.) The case of the prosecution as elaborated by the learned trial court, is encapsulated as follows:-

(3.) A perusal of the record reflects that, during the course of investigation, PW-2 was got medically examined and her samples were collected and sent to the Forensic Science Laboratory (hereinafter referred to as 'the FSL'). The statement of PW-2 was recorded under the provisions of Section 164 Cr.PC. The samples of her father, the appellant, were also collected and sent to the FSL.