AJAY SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) APPELLANT is aggrieved by the impugned judgment and order of sentence dated 24.08.2001 and 25.08.2001 respectively wherein the appellant had been convicted for the offence under Section 376 of the IPC and had been sentenced to undergo RI for 1 year and to pay a compensation of Rs.1,50,0000/ -.

(2.) THE case of the prosecution was built up in the testimony of the prosecutrix (PW -5) namely 'V' whose allegation was that on the intervening night of 5/6.7.1997 at about 11.00 p.m. when she was returning home after watching TV in the house of her neighbor Suresh Pal she was called by the appellant; in the normal course she went to him; he caught hold of her by her hand and dragged her inside the room; made her to lie on the bed; gagged her mouth with his hand; her salwar was removed and thereafter in spite of protest he forcibly committed rape upon her. She was threatened not to narrate this incident to anyone and in case she disclosed it to any person she would be killed. On reaching home, PW -5 found her mother Saroj Jain (PW -4) sitting outside. PW -5 did not disclose this incident to her mother but PW -4 noticed that her daughter was frightened. Her mother called her son -in - law and daughter and PW -5 accordingly related the incident to them. PW -4 beat up her daughter.

(3.) THE MLC (Ex.PW -3/A) of the victim was conducted; this document reflects that the victim was 20 years of age as disclosed by her on 06.7.1997. She had alleged a history of rape. On the date of her medical examination she appeared to be conscious and well oriented. There were no external injuries on her body. This MLC was conducted by the CMO of Guru Teg Bahadur Hospital. The patient was then referred to the Gynecologist. The Gynecologist Dr. Seema Gupta (PW -3) vide her report Ex.PW -3/A had noted her hymen to be torn but no other injury marks were noted; slight fresh bleeding was present. The blunt injury marks noted on her forearms were related to the beatings given to PW -5 by PW -9.