Zuber vs State (Nct Of Delhi) on 14 October, 2015

1. Aggrieved by a judgment dated 13.09.2012 of learned

Additional Sessions Judge in Sessions Case No.75/2011 emanating

from FIR No. 211/2011 registered at Police Station Khajuri Khas by

which the appellant-Zuber was held guilty for committing offences

under Section 376(2)(f)/363/366/354/506 IPC, he has filed the instant

appeal. By an order dated 19.09.2012, the appellant was awarded

various prison terms with fine. The substantive sentences were to

operate concurrently.

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

was that on 11/07/2011, the appellant after kidnapping the prosecutrix

‘X’ (assumed name), aged around 11 years from the lawful

guardianship of her parents, took her at his residence at House

No.10/711, A-Block, Shri Ram Colony, Khajuri, Delhi and committed

rape upon her. Information about the incident was conveyed to the

police and Daily Diary (DD) No. 10A (Ex.PW12/A) came into

existence at 9.50 AM at PS Khajuri Khas on 13.07.2011. The

investigation was assigned to ASI Tejwati who along with HC Roshni

went to the spot. After recording statement of victim’s mother (Ex.PW-

2/A), the Investigating Officer lodged First Information Report. ‘X’

was medically examined; she recorded her statement under Section 164

Cr.P.C. The accused was arrested and taken for medical examination.

Statements of the witnesses conversant with the facts were recorded.

Exhibits collected during investigation were sent for examination to

Forensic Science Laboratory. Upon completion of investigation, a

charge-sheet was filed in the Court. The prosecution examined fourteen

witnesses to substantiate its case. In 313 Cr.P.C. statement, the

appellant denied his involvement in the crime and pleaded false

implication without examining any witness in defence. The trial
Crl.A.1260/2013 Page 2 of 9
resulted in his conviction as aforesaid. Being aggrieved and

dissatisfied, the instant appeal has been preferred.

Source: Indian Kanoon

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