RAJU YADAV Vs. STATE
LAWS(DLH)-2016-5-157
HIGH COURT OF DELHI
Decided on May 31,2016

RAJU YADAV Appellant
VERSUS
STATE Respondents


Referred Judgements :-

STATE OF PUNJAB VS. GURMITSINGH [REFERRED TO]


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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