Free Judgments

Rajesh @ Batla vs State on 14 October, 2015

1. Aggrieved by a judgment dated 24.09.2013 of learned

Additional Sessions Judge in Sessions Case No.40/13 emanating from FIR

No.450/12 registered at Police Station Prashant Vihar by which the

appellant-Rajesh @ Batla was held guilty for committing offences under

Section 376/363 IPC, he has filed the instant appeal. By an order dated

08.10.2013, the appellant was sentenced to undergo RI for seven years

with fine `5,000 under Section 376 IPC and RI for two years with fine

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`2,000/- under Section 363 IPC. Both the sentences were to operate

concurrently.
2. Briefly stated, the prosecution case as set up in the charge-

sheet was that on 07.11.2012, at about 5:00 p.m. at Village Razapur,

Sector-9, Rohini, Delhi, the appellant kidnapped the prosecutrix ‘X’

(assumed name), aged around 12 years, from the lawful guardianship of

her mother Badami Devi; wrongfully confined her at Noida and

committed rape upon her without her consent. ‘X’ went missing from her

house on 07.11.2012 when her mother had gone at her work-place. When

‘X’s mother Badami Devi returned to her residence at about 3:00 p.m.,

she found ‘X’ missing. Efforts were made to search her but to no effect.

The Investigating Officer lodged First Information Report after recording

her statement (Ex.PW-3/A). On 09.11.2012, ‘X’ returned to her house on

her own and taken to Police Station. She was medically examined; she

recorded her 164 Cr.P.C. statement. The accused was arrested and taken

for medical examination. Statements of witnesses conversant with the

facts were recorded. Upon completion of investigation, a charge-sheet was

filed against the appellant in the court. The prosecution examined

fourteen witnesses to substantiate its case. In 313 statement, denying the

allegations, the appellant stated that the prosecutrix was a consenting
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party. The trial resulted in his conviction as aforesaid. Being aggrieved

and dissatisfied, the instant appeal has been preferred.

Source: Indian Kanoon

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