Siddharth Mridul, J. - (1.) The present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.PC'), assails the judgment and order of conviction dated 21st October, 2016 and Order on sentence dated 22nd October, 2016, passed by the Additional Sessions Judge-01 (North-East), Karkardooma Courts, Delhi, in Sessions Case No. 44914/2016, arising out of FIR No. 197/2012, registered under Sections 376/354/506 and 34 of the Indian Penal Code, 1860, (hereinafter referred to as the 'IPC'), at Police Station Gokulpuri, in case titled as "State vs. Om Prakash & Anr"; whereby, the appellant, Om Prakash, who is the father of the minor prosecutrix (hereinafter referred to as 'PW-2'), was convicted for the offence of rape under Section 376 IPC and sentenced to undergo rigorous imprisonment for life, along with a payment of fine of Rs. 5,000/-. In default of the payment of fine, the appellant has been sentenced to undergo simple imprisonment for a period of one month. Further, for the offence punishable under the provision of Section 506 (II) IPC, the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of three years, along with the payment of fine of Rs.2,000/-. In default of the payment of fine, the appellant has been sentenced to undergo simple imprisonment for a period of 15 days.
(2.) The case of the prosecution as elaborated by the learned trial court, is encapsulated as follows:- "On 01.06.2012, on receipt of DD No. 21-A, the IO reached GTB Hospital where the victim aged about 14 years, was found admitted and on her MLC her alleged history was given as multiple times sexual intercourse by her father Om Prakash Sharma at her home since she was 11 years old and she tested positive for the pregnancy." Her statement was recorded by the IO wherein she stated that she has studied up to Class 6 and was residing along with her parents and that she used to stay at the house. She further stated that her father/accused Om Prakash had for the first time committed sexual intercourse with her about four years ago in the absence of her mother and had threatened to kill her if she disclosed his acts to anyone. She did not disclose his acts out of fear to anyone. Thereafter, her father continued committed sexual intercourse with her under threat, once or twice in a month. She alleged that about 20-25 days ago, in the absence of her mother, he again committed sexual intercourse with her and now he had been calling other persons to home. She stated that on 31.05.2012, at about 12 noon accused Bhagwan Chand came with her father to her house when no one else was present. Her father asked her to bring water and thereafter accused Bhagwan Chand made her to sit with him and started teasing her. However, she got herself released from him and came out of the house and returned only after Bhagwan Chand left her house. At about 03:00 pm, her father again sexually abused her under influence of liquor. Her mother returned after two hours but she could not disclose anything to her. On the next day, i.e. 01.06.2012, her mother took the victim to Loni, Ghaziabad, to the house of her maternal uncle and then the victim disclosed all the facts to her mother and then her mother Smt. Sunita brought her to the PS and got the present case registered."
(3.) A perusal of the record reflects that, during the course of investigation, PW-2 was got medically examined and her samples were collected and sent to the Forensic Science Laboratory (hereinafter referred to as 'the FSL'). The statement of PW-2 was recorded under the provisions of Section 164 Cr.PC. The samples of her father, the appellant, were also collected and sent to the FSL.;