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DELHI HIGH COURT
S.P.GARG, C.HARI SHANKAR
Janak – Appellant
Versus
State – Respondent
JUDGMENT
S.P. Garg, J. (Open Court)
1. Present appeal has been filed by Janak (hereinafter `the appellant') to impugn a judgment dated 25.02.2014 of learned Addl. Sessions Judge in Sessions Case No.89/2012 arising out of FIR No.176/2012 PS Kanjhawala whereby he was held guilty for committing offence punishable under Section 376(2)(f) IPC. By an order dated 03.03.2014, he was sentenced to undergo imprisonment for life with fine Rs.10,000/-; default sentence being SI for six months.
2. Briefly stated, the prosecution case as set up in the charge-sheet was that on 21.08.2012 at around 05.30 p.m. when PW-4 (Manoj Kumar) was present near House No. G-319, JJ Colony, Sawda, Delhi, he saw a crowd. On enquiry, he came to know that the appellant had committed a wrong act (Galat Kaam) with his daughter `X' (assumed name). He moved the police machinery and made a call at 100 from his mobile No.8860208127. Daily Diary (DD) No.29A (Ex.PW-2/A) came to be recorded at 05.34 p.m. at PS Kanjhawala. The investigation was assigned to ASI Bijay Singh. The Investigating Officer after recording X's statement (Ex.PW-10/A) lodged the FIR. The appellant was arrested. `X' was medically examined; she recor
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