DNA evidence combined with corroborative circumstances suffices to establish guilt for rape despite a lack of external injuries.

JUDGMENT :

AMIT SHARMA, J.

1. The present appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short, ‘ Cr.P.C.’) has been filed assailing the judgement of conviction dated 22.09.2023 and order on sentence dated 18.01.2024 passed by the learned Additional Sessions Judge (POCSO), ASJ-01, South District, Saket Courts, Delhi whereby the appellant has been convicted in Sessions Case No. 6706/2016 arising out of FIR No. 120/2012 under Sections 342/363/376 of the Indian Penal Code, 1860 (for short, ‘ IPC ’) registered at Police Station South Campus.

2. The appellant by way of the impugned judgment of conviction dated 22.09.2023 has been convicted for the offences punishable under Section s 363 /376 of the IPC and the appellant was acquitted of the charge under Section 342 of the IPC. Vide the order on sentence dated 18.01.2024, the appellant was sentenced to undergo rigorous imprisonment for 7 years along with a fine of Rs.20,000/-, for the offence punishable under Section 376 of the IPC, and in default of payment of fine, he was further sentenced to undergo simple imprisonment for 6 months. The appellant has also been sentenced to undergo rigorous imprisonment for 2 years along with a fine of Rs. 10,000/- and in default of payment of fine, to undergo simple imprisonment for a period of 2 months for the offence punishable under Section 363 of the IPC. Benefit of Section 428 of the Cr.P.C. was given to the appellant and both the sentences were directed to run concurrently.

FACTUAL BACKGROUND

3. The brief facts relevant for the disposal of the present appeal are as follows:-

3.1 The case of the prosecution is that on 20.09.2012, on receipt of DD No. 17A/18/A, (Ex. PW-4/A and Ex.PW-4/B), the Investigating Officer Sub Inspector Rita (PW-15) along with Constable Sardool Singh (PW-8) had received information regarding a man being beaten up. Upon reaching the spot of the occurrence, i.e., Shri Ram JJ Camp near Venkateswara College, they found a mob of public persons who were gathered and beating a person who upon inquiry was revealed to be the present appellant-Hari Ram who was later taken to the Trauma Centre, AIIMS Hospital by Constable Sardool Singh for examination where his MLC No. 330744/2012 was conducted vide Ex. PW-5/A and his blood sample was collected vide Seizure Memo (Ex.PW-8/A). Later, the crowd was dispersed and the survivor, Ms. ‘E’, and her mother Mrs. ‘A’ (PW-1) were present at the spot. The mother of the survivor then gave a complaint (Ex. PW-1/A), where it was revealed that the mother of the survivor who worked as a housemaid, after returning from work, at around 12:00 P.M. when her younger daughter (the ‘survivor’), aged about 10 years who had gone to her brother’s shop in JJ Camp had not returned home for some time, she went out to search for her daughter who could not be found.

3.2 However, after a while, the survivor came running towards her mother/the complainant and hugged her and she subsequently revealed to her, that the appellant had removed her underwear and had made it wet. When the complainant tried to ask the survivor more questions, she was unable to do so since she was suffering from certain mental ailments since childhood. Then, the complainant came outside and asked the appellant whether he had committed a wrong act with her daughter, to which he denied the said allegations. Based on the aforesaid complaint, the case FIR No. 120/2012 was registered on 20.09.2012 at P.S. South Campus for the offence under Section 354 of the IPC. On 20.09.2012, the first arrest memo of the appellant (Ex. PW-8/B) was prepared after which he was arrested and released on bail.

3.3 During investigation, the Investigating Officer collected exhibits which were sealed and she further prepared the site plan of the area (Ex. PW15/D). Further, MLC No. 174844/2012 of the survivor was conducted at Safdarjung