Manoj Bhagat vs State on 21 October, 2016

2. Assailing the conviction learned Counsel for Manoj contends that the
testimony of the prosecutrix does not inspire confidence as she has not
stated in her statement that she was forced or threatened. The conduct of the
appellant shows that he has been falsely implicated in the case as he was
arrested from his house only and he did not run away.
3. Learned APP for the State on the other hand contends that the factum

CRL.A.1585/2011 Page 1 of 5
of sexual intercourse has been proved by the evidence of PW-10, Dr. Payal
Bajaj who stated that the hymen of the prosecutrix PW-1 was found torn.
4. FIR No. 314/2008 was registered under Section 376 IPC at PS
Mukherjee Nagar on the complaint of the PW-2, mother of the prosecutrix,
who stated that she worked as a maid servant in the kothies and her husband
did a private job. She had four children and the prosecutrix PW-1 was her
youngest daughter. On 7th September 2008 around 8:00 P.M., their neighbor
Manoj the appellant herein came to their place to take some water. She
asked Manoj to give her some cement which was lying at the place where he
worked as a guard (chowkidar). Manoj told her to send some child so she
sent the prosecutrix PW-1 along with him. After sometime, PW-1
prosecutrix came with the cement and while weeping told her that Manoj
removed her underwear and also his pants and did ‘ganda kaam’, and when
somebody called out Manoj, it was then he left the prosecutrix. She further
stated that she did not come at night to make the complaint because her
husband was at home. After consulting her husband, she brought the
prosecutrix aged 10 years to the police station. She stated that Manoj had
committed rape upon the prosecutrix, thus action be taken against him. PW-
9, W/SI Mukesh Devi recorded this statement vide Ex. PW-2/A. PW-9 W/SI
Mukesh Devi where after along with PW-2, PW-1 the prosecutrix and PW-4
Ct. Parshu Ram went to 34/2, Indira Vikas Colony from where Manoj was
apprehended. Thereafter, the prosecutrix and Manoj were taken for medical
examination to Hindu Rao Hospital. The statement of the prosecutrix was
recorded under Section 164 Cr.P.C. by PW-12 Shri Sanjay Jindal, ACMM,
Dwarka vide Ex. PW-1/A.

Source: Indian Kanoon

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