DHARMENDER Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.) against the judgment of conviction dtd. 29/4/2017 and order on sentence dtd. 1/5/2017 passed by the learned, ASJ-01, (North-East), Karkardooma Courts, New Delhi, in case SC No. 45014/2015 convicting the appellant for the offence under Sec. 376(2)(i) and 506 of Indian Penal Code, 1860 (in short 'IPC') sentencing him to rigorous imprisonment for ten years with a fine of Rs.10,000.00 in default of payment further simple imprisonment for 01 month.

(2.) Learned counsel for the appellant submits that the impugned judgment passed by the learned Trial Court is bad in law and deserves to be set aside. He submits that the learned trial court did not appreciate the evidence in the right perspective, and there are material contradictions and omissions in the evidence of the prosecution witnesses. There is no direct evidence against the present appellant, and the benefit of doubt ought to have been given to the appellant.

(3.) He further submits that there was a delay in the filing of the FIR No. 349/2015. The learned Trial Court has failed to record whether the child witness had the requisite intelligence to depose. There is no corroboration to the testimony of the child witness. The MLC does not corroborate the statement of the child witness. The doctor who examined the child witness was not examined. The CFSL report was deliberately not exhibited as it was in favour of the present appellant and that the statement of PW6/ father of the child victim support the innocence of the appellant.