Mintu Kumar v. State Gnct of Delhi

SANGITA DHINGRA SEHGAL, J. AUGUST 28th , 2017 gr//

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Judgment reserved on : 22nd August, 2017 Judgment pronounced on: 28th August, 2017 MINTU KUMAR ..... Appellant Through: Ms. Inderjeet Sandhu, Advocate versus STATE GNCT OF DELHI ..... Respondent Through: Mr. Akshai Malik, APP for the State. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Crl. M. A. No. 8461/2017 (Exemption) Exemption allowed subject to just exceptions. Application stands disposed of. 1. The present appeal has been instituted under Section 374(2) of the Code of Criminal Procedure against the impugned judgment dated 07.11.2013 and order on sentence dated 11.11.2013 by which the appellant has been convicted for the offences under Section 328, 366, 368 and 376 of the Indian Penal Code (hereinafter referred to as "IPC"). The present appellant has been sentenced to undergo:- (i) rigorous imprisonment for a period of seven years with fine of Rs.4,000/-, in default thereof to further undergo rigorous imprisonment for a period of one year U/s 328 of IPC. (ii) rigorous imprisonment for a period of seven years and to pay a fine of Rs.4,000/- in default thereof to further undergo rigorous imprisonment for a period of one year under Section 366 of IPC. (iii) rigorous imprisonment for a period of seven years and to pay a fine of Rs.4,000/- in default thereof to further undergo rigorous imprisonment for a period of one year under Section 368 of IPC. (iv) rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- in default thereof to further undergo rigorous imprisonment for a period of two years under Section 376 of IPC. All the sentences were directed to run concurrently. 2. The case of the prosecution as observed by the Trial court is as under: "That on 06.02.2010 prosecutrix (name withheld being a case u/s 376 IPC) came to the Police Station- Bharat Nagar and got recorded her statement to ASI Dev Raj which is to the effect that, she lives at D-629, Wazirpur J.J. Colony, Delhi with her mother in a rented house (Kiraye Ka Makaan) and she is the permanent R/o Village Harihar Bainsa, PS Banns Gaon, Distt. Gorakhpur, U.P. She studies in twelfth class (Barvi Kaksha). In the room adjacent to her rented room, one boy named Mintu lives. Who used to look at her while she going and coming and used to try to strike a conversation with her (Jo Mujhe Aate jate Dekhta Rehta Tha Aur Mere Sath Baat Cheet Karne Ki Koshish Karta Tha). On 02.02.2010, at about 12:00 noon she was basking in the sun (Dhoop Sek Rahi Thi), while sting in the Tikona Park 115 bus stop, Wazirpur J.J. Colony, then Mintu with one glass of juice after taking the same from the juice rehri which was passing, came there and asked her to drink the juice, however, she refused to drink the juice but Mintu after too much insisting her (Zid kar ke) forcibly made her to drink the juice and thereafter she came under the influence of intoxication (Nasha ho gaya) and Mintu took her in an unknown jhuggi. When she regained consciousness, Mintu was found lying with her (leta hua tha). From 02.02.2010 to 04.02.2010 Mintu forcibly established physical relations with her without her consent. On 04.02.2010 at about 6.30 p.m. Mintu had left the jhuggi for smoking cigarette without closing the door of the jhuggi and she finding an opportunity came out from the jhuggi. Prior to this Mintu was not allowing to her go out from the jhuggi. After coming out from the jhuggi she reached at Bus Stop of (Bus No.) 115 and there, after taking mobile from one old gentleman (Bujurg) she called Nisha Aunty at Bus Stop of (Bus No.) 115 and from here Nisha Aunty took her (Prosecutrix) to her Nisha Aunty) house. Nisha Aunty called her (prosecutrix) mother at her house. On that day she (Prosecutrix) did not tell anything to her mother and Nisha Aunty. On 05.02.2010 she (prosecutrix) told about the entire incident to her mother and Nisha Aunty. Because of public shyness (lok laaj ke karan), they did not come to lodge the report with the poli