JUDGEMENT
MUKTA GUPTA, J. -
(1.)By the instant appeal, the appellant challenges the impugned judgment dated 25th March, 2015 whereby he has been convicted for the offence punishable under Section 376 IPC in FIR
No.142/2012 registered at PS Adarsh Nagar and the order on sentence dated 30th March, 2015
directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of
Rs.10,000/ - in default to undergo simple imprisonment for a period of three months.
(2.)Process of law was set into motion on 15th June, 2012 around 3:30 PM when DD No.16A was recorded by HC Ramesh Kumar, PW -2 informing that a 12 year old girl was found abandoned at
Britannia Chowk, Ring Road, Jhuggi No.48, B -Block near Railway Line. After receiving the
information SI Krishan Lal, PW -7 went to the spot where he met two ladies, that is, Smt.Gainda and
Smt.Phoolmati, who produced the prosecutrix, original resident of West Bengal, and informed that
the prosecutrix who appeared to be a minor was roaming around aimlessly in the Jhuggi cluster and
therefore, they had given her shelter for the night. These ladies also informed that they tried to
search for the parents of the girl but they were unable to understand her language and hence they
called the PCR. Thereafter PW -7 took the ladies and the prosecutrix to the Police Station.
(3.)On 16th June, 2012 SI Krishan Lal PW -7 recorded the statement of the prosecutrix. The prosecutrix stated that she is a resident of village Damuriya, West Bengal and is an illiterate. Her
Bua Munni w/o Rajeev brought her to Azadpur, Delhi last Diwali during the days of durga puja. She
does not know the address of her bua. After four -five days of her coming to Delhi, her bua had sent
her to Model Town to work at a Kothi. She also stated that when she was at Azadpur, a friend of
Rajeev had sexually assaulted (galat kaam) her at night without her consent and she can identify
him. When she used to work at that Kothi, she was thrown out as she was careless. She stated that
she does not know the address of the kothi. While roaming she reached a temple and from there two
ladies brought her to Police Station. She sought legal action against the boy whom she can identify.
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