Delhi High Court
Mani Ram vs State on 3 June, 2016
$~R-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Reserved on: May 30, 2016
% Judgment Delivered on: June 03, 2016
+ CRL.A. No.1321/2014
MANI RAM ..... Appellant
Through : Mr.Neeraj Bhardwaj, Advocate
Versus
STATE ..... Respondent
Through : Mr.Sudershan Joon, APP for State
with SI R.P. Singh, PS Dwarka
(South)
PRATIBHA RANI, J.
1. This appeal has come up for hearing pursuant to the directions issued
for expediting hearing in appeals filed by persons in custody (with sentence
more than seven years and upto ten years).
2. This appeal has been preferred by the appellant Mani Ram,
challenging the judgment dated 22nd May, 2012 and order on sentence dated
24th May, 2012 passed in Sessions Case No. 100/11 whereby he has been
convicted for committing the offence punishable under Sections 376/506 IPC
and sentenced to undergo RI for 10 years with fine of `10,000/- and in
default, to undergo SI for 6 months for the offence punishable under Section
376 IPC and further to undergo RI for 1 year with fine of `1,000/- and in
default, to undergo SI for 1 month for the offence punishable under Section
506 IPC.
3. The appellant has been sent to face trial for committing rape on his
minor step-daughter who was aged about 14-15 years at that time.
4. The case of the prosecution is that on 31st July, 2011, the prosecutrix
'S' (name withheld to conceal the identity), along with her mother Ranju
Devi and social worker Neetu Rajput reached police station Dwarka (South)
and informed about the rape being committed by the step-father of the
prosecutrix.
5. ASI Kamlesh was entrusted with the job of recording the statement of
the prosecutrix. In her statement Ex.PW1/A, the prosecutrix she reported
that she was studying in VIIIth Standard in a Government school and residing
along with her mother, step-father and her younger brother and sister. Her
step-father had been keeping evil eye on her and in the year 2009 thrice she
was raped and threatened not to disclose the incident to anyone. On 24th
July, 20111 her mother had gone to Chandigarh for taking some medicine,
leaving her and other siblings at home. On 25 th July, 2011 at about 12.00
midnight, when her brother and sister were sleeping, her step-father
increased the volume of television set and committed rape on her. He also
threatened to kill her in case the incident is disclosed by her. On 27 th July,
20111, when her mother returned from Chandigarh and noticed her in sad
mood, she tried to enquire about the reason. Then she (prosecutrix)
disclosed about the rape being committed by her step-father. Her mother
with the help of a neighbor who was working with some NGO, took her to
the police station where the report was lodged.
6. During investigation Prosecutrix 'S' was sent for medical examination
and her statement under Section 164 Cr.P.C. was also recorded. After
completion of investigation charge-sheet was filed and case was committed
to the Court of Sessions. The appellant was charged for committing rape on
his step-daughter. During trial 13 witnesses were examined . However, in
her statement under Section 313 Cr.P.C. the appellant pleaded innocence.
7. Relying on the testimony of the prosecutrix and her mother as well the
medical report, the learned Trial Court convicted the appellant for
committing offence under Section 376/506 IPC and sentenced him as above.
8. Pursuant to the production warrants issued against the appellant, he
has been produced from the custody.
9. I have heard learned counsel for the appellant as well as the appellant.
10. Learned counsel for the appellant, on instructions, submits that the
appellant is not challenging his conviction for the offence punishable under
Section 376/506 IPC. He further submits that the appellant is repenting for
the unethical and illegal act committed by him on his step-daughter and an
opportunity may be given to him to reform himself. He, however, submits
that due to his incarnation, his family consisting of his wife and three
children are suffering as he was the sole bread earner in the family. He
wants to take care of them and secure future of his step-daughter ensuring
that the prosecutrix is able to live without any fear and the other two children
are also properly educated and taken care of by him.
11. The MLC of the prosecutrix records her age to be 15 years and at the
time of her examination which was after about six days of the commission of
the rape, no internal or external injury was found. Hymen was found torn
with no active bleeding. On the MLC, the LMP has been recorded as 23 rd
July, 2011 and the incident of rape is dated 25th July, 2011.
12. No doubt the offence committed by the appellant is very serious where
the appellant violated the body of his own step-daughter in the absence of his
wife who had left her children with the appellant under the belief that they
were safe. However, taking into consideration the submissions made by the
appellant and his repentance as well as the willingness to take care of his
family, the substantive sentence of the appellant for committing the offence
punishable under Section 376 IPC is reduced from 10 years to 7 years.
13. Accordingly, while maintaining the conviction of the appellant for the
offences punishable under Section 376/506 IPC, the substantive sentence
awarded to him for the offence punishable under Section 376 IPC is reduced
from ten years to seven years. The substantive sentence awarded to the
appellant for the offence punishable under Section 506 IPC is maintained.
Sentence of fine awarded to the appellant for the offences punishable under
Section 376/506 IPC is also maintained. However, the period required to be
undergone by him in default of payment of fine i.e. for the offence
punishable under Section 376 IPC is reduced to one month and for the
offence punishable under Section 506 IPC is reduced to one week.
14. The appeal stands allowed in the above terms.
15. Copy of the order be sent to the Jail Superintendent for information
and compliance.
16. TCR be sent back alongwith copy of thes order.
PRATIBHA RANI, J.
June 03, 2016
'hkaur'
