KISHAN LAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by the Additional Sessions Judge, Shahdara in Sessions Case No. 20/ 98 convicting the appellant under Sections 376/377/506, IPC. The appellant has been sentenced for seven years under Section 376, Indian Penal Code and a fine of rupees five thousand or in default to undergo further rigorous imprisonment for one year, for five years rigorous imprisonment undersection 377, Indian Penal Code and a fine of rupees two thousand or in default to undergo further rigorous imprisonment for six months and one year rigorous imprisonment under Section 506, Indian Penal Code and a fine of rupees one thousand or in default to undergo further rigorous imprisonment for two months.

(2.) Briefly stated, the prosecution case is that the appellant is the step-father of the prosecutrix, Kumari Rajani, (Public Witness 1), aged 10 years. As per prosecution case, the appellant repeatedly committed rape on the prosecutrix. Further, occasionally he used to have carnal intercourse against the order of the nature with the prosecutrix on several occasions. The appellant also criminally intimidated the prosecutrix. On 7.7.1997, the prosecutrix lodged the FIR at the Police Station Welcome. Investigation pursuant to the said FIR culminated into submission of a charge sheet under Sections 376/377/506, IPC against the appellant. On challan being filed, the charges under Sections 376/377/506, Indian Penal Code were framed against the appellant.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted on him. He has not examined any witness in support of his defence. On assessment of the evidence adduced by the prosecution, the learned Additional Sessions Judge convicted the appellant under Sections 376/377/506, Indian Penal Code and sentenced him as indicated above.