Anand Pal v. State

judgment. One copy of this order be given to the appellant through Jail Superintendent.

(V.K.JAIN) JUDGE JANUARY 20, 2010 bg

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl.A.No.798/2005 # ANAND PAL ..... Appellant Through Mr.Lal Singh Thakur Advocate versus $ STATE ..... Respondent ^ Through Mr.Jaideep Malik, APP. * CORAM: HON'BLE MR. JUSTICE V.K. JAIN 1. Whether the Reporters of local papers may be allowed to see the judgment? No 2. To be referred to the Reporter or not? No 3. Whether the judgment should be reported in the Digest? No : V.K. JAIN, J. (ORAL) 1. This is an appeal against the Judgment dated 27th July, 2005 and Order on Sentence dated 29th July, 2005, whereby the appellant was convicted under Section 363 and 376 of IPC and was sentenced to undergo RI for 2 years and to pay fine of Rs.1,500/- or to undergo SI for one month in default 363 of IPC and was further sentenced to undergo RI for 10 years and to pay fine of Rs.2,000/- or to undergo RI for one month in default under Section 376 of IPC. 2. The case of the prosecution, as disclosed in the FIR lodged by Smt. Raj Kumari, mother of the prosecutrix, on 28th April, 2003, is that on 27th April, 2003, when her daughter, aged 12 years, was alone at home, the appellant, who is her neighbor, came to her room at about 1.00 pm, took the prosecutrix to his room and thereafter he committed rape with her. 3. The prosecution examined 13 witnesses in support of his case, whereas three witnesses were examined in defence. 4. The prosecutrix came in the witness box as PW-1 and stated that the appellant, who is their neighbor, came to her house at about 9.30 am, lifted her and took her to the house of Jagdish. When she started weeping, the appellant pressed her mouth with his hand and kept a knife on her neck. He threatened to kill her in case she shouted. In her examination- in-chief, she also stated that the appellant did nothing else except removing her clothes. According to her, she became unconscious and some children from the neighbourhood came there and sprinkled water on her face, as a result of which she regained her consciousness and went to her house. In the night, when her mother returned home, she narrated the incident to her, who on hearing the incident became unconscious, as she was suffering from fits. The matter was next day reported to the police. This witness was cross-examined by learned APP and during cross-examination, she disclosed that in fact, the appellant had done wrong act with her in the house of Jagdish. She admitted that wrong act with her was done after bolting the room from inside. She stated that she did not disclose these facts earlier as she was feeling ashamed. At this stage of her examination, the witness was found weeping and when her cross-examination resumed, she stated that on the date of incident, the wife of Jagdish had gone for work, whereas Jagdish had left the room open as his children were playing in the open courtyard. She also stated that the children of Jagdhish were playing the in the street when this incident took place. She denied the suggestion of the learned defence counsel that the appellant had not committed sexual intercourse with her. 5. PW-2, Smt. Raj Kumari, mother of the prosecutrix, however, did not support the prosecution and stated that there was a quarrel between her daughter and wife of the appellant and that she had gone to Police Station and reported the matter to the police. 6. PW-10 Smt. Bimla Kumari, Presiding Officer, MACT stated that on 29th April, 2003, she had recorded the statement of the prosecutrix Ex.PW-1/A. PW-11 Dr. Bhuvnesh, Senior Radiologist in AIIMS examined the X-ray plates of the prosecutrix on 28th April, 2003 and opined that her age was between 10 to 13 years. PW-12 Dr.A.K. Srivastav, Senior Scientific Oficer Biology, FSL, proved his report Ex.PW-12/A. 7. In his statement under Section 313 Cr.P.C., the appellant denied the allegations against him and stated that no such incident took place and that on 27th April, 2003, he had gone to his native village to attend a Jagran. He further stated that the husband of the