Delhi High Court
Deepak @ Ranjan vs State Of Delhi on 4 October, 2021
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 4th October, 2021
+ CRL.A. 400/2017 & CRL.M.(BAIL) 1067/2021
DEEPAK alias RANJAN ..... Appellant
Represented by: Mr. Tahir Ashraf Siddiqui, Advocate
(DHCLSC)
Versus
STATE OF DELHI ..... Respondent
Represented by: Mr. Amit Gupta, APP for the State
with SI Naveen Kumar, PS Ashok
Vihar.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
JUDGMENT: (ORAL)
The hearing has been conducted through Physical Mode.
1. In this appeal, the appellant impugns the judgment dated 22nd
December, 2016 convicting the appellant for the offences punishable under
Sections 6 POCSO Act and Sections 363 and 342 IPC and the order on
sentence dated 24th December, 2016, whereby the appellant was directed to
undergo rigorous imprisonment for a period of 10 years and fine besides the
sentences on the other count being rigorous imprisonment for 2 years and
1year, respectively which sentences are required to be undergone
concurrently.
Signature Not Verified
Digitally Signed By:JUSTICE
Signing Date:05.10.2021
09:31:58
2. Learned counsel for the appellant submits that the appellant has been
falsely implicated. From the statement of the mother, it is evident that she
was given a call indicating that her daughter had fallen down from the stairs
by her husband. However, thereafter the version was changed and it was
stated that the appellant indulged in anal intercourse. Further, the FSL report
also fortifies the version of the appellant for the reason no male DNA was
found in the rectal swab or the clothes of the prosecutrix.
3. Learned APP for the State, on the other hand, contends that the
version of the prosecutrix before the Court, who was a four year old minor
child, is consistent to the statement recorded under Section 164 Cr.P.C.
There being no discrepancy in the same and is duly corroborated by the
version of private doctor PW-9, where the mother took the prosecutrix, who
has not been cross-examined. Further, even as per the MLC of the
prosecutrix, injuries and bleeding in the anal region were detected which
fortifies her case. Hence, no case for false implication is made out and the
prosecution has proved its case beyond reasonable doubt against the
appellant.
4. The prosecutrix, who was a minor girl aged four years, when
examined before the Court stated that the appellant had done 'galat kam'
with her. On a question posed by the learned trial court as to how the
offence was done, the witness touched her anal region with her hand and
stated 'Ranjan ne yaha par chot lagayi thi'. On being further questioned,
where Ranjan was, the prosecutrix stated that she had gone to the house of
Golu and Ranjan was residing near the house of Golu. While she was
playing at the house of Golu, Ranjan took her to his room, took out her
underwear and then climbed over her body. The witness demonstrated the
Signature Not Verified
Digitally Signed By:JUSTICE
Signing Date:05.10.2021
09:31:58
manner in which the appellant laid himself on her body. She stated that
when she shouted, he closed her mouth and that after some time, he opened
the gate and asked her to run away. She went to her father and told him
everything, who called her mother home and then the mother took her to a
doctor, who gave her medicine. Thereafter, she was taken to the hospital by
the police and her MLC was prepared.
5. Version of the prosecutrix is duly corroborated by her parents, who
have been examined as PW-10 and PW-11.
6. PW-9 Rajender Prasad, RMP, who examined the prosecutrix
immediately after the incident, stated that he was running a clinic opposite
the factory and on 17th September, 2013, at about 10.00-10.30AM, the
prosecutrix was brought to the clinic. He found blood on the private parts of
the minor child and he advised her parents to get her medically checked up
from a good hospital and did not give any treatment or medicine.
7. MLC of the prosecutrix Ex.PW2/A, notes 5 O'clock cut and bleeding
in the anal region. Even though the FSL report does not show any male
DNA from the rectal swab or the pyjama of the prosecutrix, however, for an
offence of rape, penetration is sufficient, which is evident from the MLC of
the prosecutrix, which notes the tear in the anal region and bleeding.
8. As regards the false implication is concerned, suggestions were given
to the prosecutrix as to whether there was any quarrel between her parents
and Ranjan, which she denied. However, she admitted that her father used to
drink at times and that when he drank, he quarreled with her mother.
However, she denied the specific suggestion that when her father used to
quarrel with her mother, the appellant used to save her due to which the
Signature Not Verified
Digitally Signed By:JUSTICE
Signing Date:05.10.2021
09:31:58
relations were strained. The prosecutrix reiterated that the appellant
assaulted her.
9. Considering the consistent statement of the prosecutrix, which is duly
supported by the version of her parents and the PW-9, Rajender Prasad to
whom the prosecutrix was immediately taken after the incidence, further by
the MLC, this Court finds no error in the impugned judgment of conviction
and the order on sentence.
10. Appeal and application are dismissed.
11. Copy of this order be conveyed to the Superintendent (Jail) for
updation of the record and intimation to the appellant.
12. Order be uploaded on the website of this Court.
(MUKTA GUPTA)
JUDGE
OCTOBER 04, 2021
PB
Signature Not Verified
Digitally Signed By:JUSTICE
Signing Date:05.10.2021
09:31:58
