CASE NO.: 136/13
Delhi District Court
BENCH: HON’BLE SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 1st April 2013
RELEVANT ACTS/SECTIONS:
- Section 376 IPC (punishment for rape)
- Section 323 IPC (punishment for voluntarily causing hurt)
- Section 511 IPC (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonments)
BRIEF FACTS OF THE CASE
On 19/07/2010 Pappu along with his wife and daughter (9yrs old) went to his brother Sanjay at Village Tikri Khurd. In the night after having dinner, he and his wife slept in the room and his brother Sanjay and his wife slept in another room and a third vacant room, his daughter and daughter of his brother Gudiya (10/11 yrs old) slept and in the same room one person namely Madan also sleeping. Around 2:00 am, Pappu’s daughter, knock the door, where he was sleeping along with wife. His daughter told him that, when she was sleeping Madan uncle tried to commit rape with her, when she shouted for help, he slapped her and told her not to disclose this to anybody. After hearing this, Pappu and Sanjay rushed to the room where Madan pretended to sleep on his bed. They asked Madan, why he has committed this act, but accused refused. They informed police about this act. Police took the prosecutrix to the Satyawadi Raja Harish Chand Hospital, Narela where her medical examination was conducted. Police record the statement of prosecutrix u/s 164 CrPC.
FORENSIC REPORT
All the exhibits found were examined by Dr. Majhar Hussain, Medical Officer SRHC Hospital, Narela, Delhi and it was noticed that Blood was detected but semen could not be detected on a vulval swab of the prosecutrix. It is clear that in this case no recent sexual intercourse activity has been taken place.
JUDGEMENT
Madan held guilty for the offence punishable u/s 376/511 IPC and u/s 323 IPC and convict him thereunder.