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2016 Supreme(Del) 2055

SUNITA GUPTA
Doodh Nath – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates:
Advocate Appeared:
Mr. Kartikey Mathur, Advocate
Mr. Hirein Sharma, Additional Public Prosecutor for the State alongwith SI Pradeep Singh from PS Gulabi Bagh, Delhi

JUDGMENT :

Sunita Gupta, J.

1. In the words of Hon’ble Mr. Justice Dipak Mishra as observed in Shyam Narain vs. The State of NCT of Delhi, (2013) 7 SCC 77, the wanton lust, vicious appetite, depravity of senses, mortgage of mind to the inferior endowments of nature, the servility to the loathsome beast of passion and absolutely unchained carnal desire have driven the appellant to commit a crime which can bring in a “tsunami” of shock in the mind of the collective, send a chill in the spine of the society, destroy the civilized stems of the milieu and comatose the marrows of sensitive polity.

2. This is a case of brutal rape of a seven years old girl. The learned Trial Judge after recording conviction under Section 376(2)(f) of Indian Penal Code (for short “IPC”) had taken note of the brutality meted out to the child and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.18,000/- in default, to undergo further rigorous imprisonment for a period of one year.

3. The horried episode, as unfurled by the prosecution, is that on 18.04.1996 the victim “M” (PW-5) had gone to play outside her house. The accused who was residing in a temple took her to





































































































































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