S.P. Garg, J. - (1.) Challenge in this appeal is to a judgment dated 17.12.2013 of learned Addl. Sessions Judge in Sessions Case No. 97/2013 arising out of FIR No. 211/2011 PS Shalimar Bagh whereby the appellant - Prem Pal was held guilty for committing offence punishable under Sec. 376 IPC. By an order dated 19.12.2013, he was sentenced to undergo RI for ten years with fine Rs. 10,000/ -.
(2.) Briefly stated, the prosecution case as stated in the charge - sheet was that on 06.06.2011 at 12.00 noon at jhuggi No. 188, Ayurvedic Camp, Haiderpur, Delhi, the appellant committed rape upon the prosecutrix 'X' (changed name) aged 30 years against her consent. The incident was reported to the police at 07.08 p.m. and Daily Diary (DD) No. 82B (Ex.PW -4/A) came into existence at PS Shalimar Bagh. The information conveyed by the victim's husband was that a 'neighbour' had committed rape upon his wife. The Investigating Officer after recording victim's statement (Ex.PW -1/A) lodged First Information Report. 'X' was medically examined. Statements of the witnesses conversant with the facts were recorded. The accused was arrested and medically examined. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of the investigation, a charge -sheet was filed against him in the Court. The prosecution examined sixteen witnesses to prove its case. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in conviction as mentioned previously. Being aggrieved and dissatisfied, the instant appeal has been preferred.
(3.) I have heard the learned counsel for the parties and have examined the file minutely. Admittedly, the prosecutrix and the appellant were acquainted with each other before the incident. The appellant is the brother of the victim's 'Jethani' Urmila who lived in the said premises. The prosecutrix, a married lady, was aged around 30 years and mother of an infant aged around one month.;