JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The present appeal under Section 374(2) read with Section 383 of the Code of Criminal Procedure, 1973, (“Cr.P.C.”) is directed against judgment of conviction dated 25th January, 2018 and the order on sentence dated 9th February, 2018. By the aforesaid orders, the Appellant has been convicted for the offence under Section 376 of Indian Penal Code, 1860, (“IPC”) and has been sentenced to undergo rigorous imprisonment for a period of 12 years, along with a fine of INR 10,000/- and simple imprisonment for a period of 1 month in default thereof.

Factual Background

2. Briefly stated, the facts of the case, leading to the filing of the present appeal, are as follows:

2.1. On 11th June, 2017, upon receipt of DD No. 20A, SI Kamlesh Meena proceeded to the jhuggi of the Prosecutrix located behind Chhatarpur Pahari, and recorded the Prosecutrix’s statement, marked as Ex. PW-8/A. The Prosecutrix, aged approximately 60 years, stated that she had been residing at the said address with her son for over two decades and worked as a domestic help in the nearby area. She alleged that on the night of 10th June, 2017, while her son had gone to visit his sister at Jaitpur for some work, she was alone at home. At around 12:30 a.m., while she was asleep, the Appellant, who lived nearby with his sister (Babita), allegedly entered her jhuggi, covered her mouth with his hand, removed her salwar, and forcibly raped her. Although she raised an alarm, no one responded due to the late hour of the night. Thereafter, at approximately 3:30 a.m., she went to the residence of her niece near Chhatarpur Mandir where she narrated the incident to her niece and son-in-law. In the meantime, the Appellant fled from the scene. Her son-in-law then made a call to the police control room at 100 number, following which police arrived at the location. Pursuant to this complaint, the impugned FIR was registered.

2.2. Upon recording the statement of the Prosecutrix, the Investigating Officer seized the dari lying on the cot of the Prosecutrix vide seizure memo (Ex. PW-4/A). She endorsed the complaint and forwarded the rukka through Constable Rajinder (PW-6) for registration of the FIR. The Prosecutrix was then sent for medical examination to AIIMS under the escort of Constable

Asha (PW-4). After the Prosecutrix was brought back to the spot, the IO (PW-9) prepared the site plan of the place of incident and also seized the medical exhibits, vide seizure memo (Ex. PW-4/B), which were duly deposited in the malkhana.

2.3. On the same day, a police team comprising ASI Barmeshwar Goswami (PW-11), ASI Shyambir, and Head Constable Shonis apprehended the Appellant. He was brought to the police station, where he was identified by the Prosecutrix and subsequently arrested. He was then sent for medical examination and potency testing at AIIMS Hospital under the escort of Constable Rohit (PW-5). His blood samples and other exhibits were seized by the IO and deposited in the malkhana vide seizure memo (Ex. PW-5/A).

2.4. The statement of the Prosecutrix was recorded under Section 164 Cr.P.C., wherein she deposed that on 10th June, 2017, at around 12:00 midnight, while she was sleeping alone, the Appellant entered her jhuggi, covered her mouth, removed her salwar, and committed rape. The next morning, she informed her son-in-law, following which the police were contacted.

2.5. Upon completion of investigation, the IO submitted the chargesheet. Thereafter, a supplementary chargesheet was filed on 8th November, 2017, along with the RFSL report. On 18th July, 2017, charge was framed against the Appellant under Section 376 of the IPC, to which he pleaded not guilty and claimed trial.

2.6. The Prosecution examined eleven witnesses in support of its case:

PW-1: ASI Suresh Chand, the then Duty Officer at P.S. Mehrauli;

PW-2: Ms. Rajat Goyal, the Metropolitan Magistrate who had recorded the Prosecutrix’s statement under Section 164 of the Cr.P.C.;

PW-3: Constab