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