Badari Mehto vs State Of Nct Of Delhi on 19 November, 2015

1 This appeal is directed against the impugned judgment and order

on sentence dated 05.7.2013 and 06.7.2013 respectively wherein the

appellant stood convicted under Section 376 of the IPC. He has been

sentenced to undergo RI for a period of 7 years and to pay a fine of

Rs.20,000/-,in default of payment of fine to undergo SI for 15 days.

Benefit of Section 428 of the Cr.P.C. has been granted to the appellant.

2 Nominal roll of the appellant has been requisitioned. As on date

the appellant has undergone 5 years of incarceration which includes the
Crl. Appeal No. 1094/2013 Page 1 of 10
remissions earned by him. His jail conduct has been satisfactory.

3 The version of the prosecution was disclosed in the statement of

the prosecutrix recorded under Section 161 Cr.P.C. which had formed

the basis of the FIR and which was to the effect that at about 4.00 p.m.

in the afternoon on 26.4.2011 while she was playing outside her house

the accused who was known to her had taken her to a poultry farm

where, in a room he had committed rape upon her. She informed her

father pursuant to which the present FIR had been registered. The

victim was medically examined and her MLC was proved as

Ex.PW-1/A. Statement of the victim was recorded under Section

164 Cr.P.C. by the learned M.M. and was proved as Ex.PW-7/A. Her

father Dinesh was examined as PW-4. The appellant was also

medically examined and his MLC Ex.PW-11/A suggested that there was

nothing which indicated that he could not have performed the sexual act.

Exhibits which were seized included the clothes of the victim as also her

blood sample and vaginal swab were sent to the FSL for examination

and the FSL has submitted its report (Ex.10/G).

Source: Indian Kanoon

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