BHOLA ADIVASHI Vs. STATE

JUDGEMENT

(1.) BHOLA stands convicted for the rape of an elderly woman aged 77 years old, the age of his grandmother. He is aggrieved by the judgment dated March 28, 2012 convicting him for offences punishable under Sections 376/506/323/328 IPC and the order on sentence dated March 31, 2012 directing him to undergo imprisonment for life for offence punishable under Section 376; Rigorous Imprisonment for five years for offence punishable under Section 328 IPC; Simple Imprisonment for six months for offence punishable under Section 323 IPC and Rigorous Imprisonment for two years for offence punishable under Section 506 IPC.

(2.) BHOLA assails the judgment on the ground that his test identification parade was not conducted properly. The version of the prosecutrix that she was raped was not corroborated by her MLC or the FSL report. The version that due to media hype the police had to solve the case and hence the appellant has been made a scapegoat was not considered by the learned Trial Court.

(3.) THE prosecutrix stated that she had four sons and was staying with her younger son. On March 11, 2011 at 2.00 PM her son Sanjay Prabhakar had dropped her at the house of her sister at C -10/21, Sector -15, Rohini. At about 6.00/6.30 PM in the evening her sister made her sit in the rickshaw near her house. Her sister gave Rs. 25/ - to the rickshaw puller and asked him to drop the prosecutrix at Rohini West Metro Station. The rickshaw puller stated that Rs. 25/ - were less on which she stated that she would give additional and hurled twice and thrice in front of prosecutrix's mouth due to which she fell unconscious. When she regained consciousness she found herself lying on the stones. The rickshaw puller dragged her to a lonely place and pressed her mouth and stated that in case she shouted he would stab her. Thereafter rickshaw puller gave her number of slaps and fist blows on both her eyes and then raped her. He continued beating her also. At around 12.30 AM or 1.00 AM the prosecutrix stated that in case he did not leave her, her sons would be looking for her and they would beat him, on which he stated that how they would know in the darkness. She stated that the whole night she was screaming but nobody heard her voice. In the morning a boy heard her cries whom she told the facts. He brought her to her house in a three - wheeler scooter from where her son took her to the hospital. According to her the rickshaw puller was 20 -21 years old, dark complexion and medium built.