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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 03.11 .2014

Pronounced on : 11 .11.2014

+

CRL.A. 870/2009

KARTAR SINGH

..... Appellant

Through :

Mr.Amardeep Singh, Mr.M.L.Yadav,

Mr.Baljinder Singh, Mr.Bhagwant

Singh and Mr.Mansimran Singh,

Advocates.

versus

STATE

..... Respondent

Through :

Ms.Rajdipa Behura, APP for the

State.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

PRATIBHA RANI, J

1. This is an appeal under Section 374 Cr.P.C. filed on behalf of the

Appellant impugning the judgment dated 07.09.2009 and order on sentence

dated 09.09.2009 passed by the learned Sessions Judge, Delhi, whereby the

Appellant was convicted and sentenced to rigorous imprisonment for ten

years and fine of Rs.5,000/- for committing the offence punishable under

Section 376 IPC. The Appellant was further convicted and sentenced to

undergo rigorous imprisonment for six months and fine of Rs.1,000/- for

committing the offence punishable under Section 506 IPC in case FIR

No.391/2001, Sessions Case No.22/08 Police Station Patel Nagar. Both the

2014:DHC:5908

sentences were ordered to be run concurrently.

2. The occurrence for which the Appellant has been convicted had taken

place on 24.06.2001 within the jurisdiction of Police Station Patel Nagar .

On that date, at about 4:02 p.m., DD No.20A was recorded at Police Station

Patel Nagar in respect of ‘galat kaam’ being done with a 8 years old girl at

Prem Nagar Gali No.7 and that the offender had been apprehended. The DD

entry was assigned to SI N.R.Lamba, who along with Ct. Suresh left for the

spot. SI N.R.Lamba found the child victim and her parents present at the

spot. He was also handed over Kartar Singh (Appellant herein) who was in

injured condition. The child victim ‘A’ (name withheld to conceal her

identity) made statement (Ex.PW-2/A) in the presence of her parents, on the

basis of which he sent rukka (Ex.PW-11/B), pursuant to which case FIR

No.391/2001, under Sections 376/506 IPC was registered.

3.

As per the statement (Ex.PW-2/A) made by Km. ‘A’, at that time she

was studying in 3^rd standard. She alongwith her friend was on the roof top

and they were plucking black plum (jamun). In the meantime, Kartar Singh,

residing in the adjoining house called her and dragged her to his roof. He

asked her to stand silently or he would kill her. Thereafter, he lowered her

underwear upto legs and also lowered his underwear and started doing

‘galat kaam’. She started crying and asked him to let her go, but she was not

allowed to go. She started bleeding from her private part and had lot of pain.

Thereafter, he ran away from there. After wearing her underwear, she

returned home.

4. The child victim as well as the Appellant were taken for medical

examination. The exhibits were sent to FSL. After completion of

investigation, charge-sheet was filed.

2014:DHC:5908

5. The Appellant at the time of arrest in this case had given his age as 17

½ years. On the basis of school record, as his date of birth was 21.12.1979,

he was held to be not a juvenile and sent by the Juvenile Justice Board to

face trial as an adult.

6. When the case was assigned to the Court of Sessions, charge for

committing the offence under Section 376/506 IPC was framed, to which the

Appellant pleaded not guilty and claimed trial.

7. The prosecution examined 15 witnesses in all to bring home the guilt

of the Appellant/Accused. In his statement under Section 313 Cr.P.C., while

denying the case of the prosecution, the Appellant claimed that there was

some misunderstanding which resulted in to beatings being given to him by

the parents of the victim, who thought that he had misbehaved with her.

Since the Appellant was bleeding due to the beatings given to him,

apprehending that the Appellant might get a case registered against them,

they lodged this false FIR against him. He also submitted that his blood

grou