TOPIC: RAPE
Involed Peoples
Parminder @ Ladka Pola vs State of Delhi
Criminal Appeal Number: 133 of 2006.
Date of Judgement: 6 March 2003.
Court: Supreme Court of India.
Bench: Honarable A.K. Patnaik and Gyan Sudha Misra.
RELEVANT SECTIONS:
• Section 376 in the Indian Penal Code- Punishment for rape
• Section 506 in the Indian Penal Code- Punishment for criminal intimidation
BACK STORY:
A young girl, about 14 years of age, visited her friend Babbo, who lived opposite to her house, on 28.01.2001 at about 8:30 p.m. at night. She was told by the friend’s brother, the appellant, that Babbo was inside the room. As the lights were out, the victim was followed by the appellant to the room and when she entered the room, the appellant bolted the room from inside and forcibly threw her on the cot, further removing her salwar and underwear and raped her. He also slapped her on raising an alarm and further threatened her with death if she told anyone about the incident.
MEDICAL EXAMINATION REPORT:
The clothes and vaginal swab of the victim were sent to the Central Forensic Science Laboratory (CFSL) for analysis and as per the report, human semen, and blood was detected on the underwear, but no semen was detected in the vaginal swab.
JUDGEMENT:
After investigation, charges were framed under Sections 376 and 506 IPC and as the appellant pleaded not guilty, the trial was conducted. The appellant was convicted under the said Sections and the minimum sentence of 7 years imprisonment with a fine of Rs. 5000 was imposed for Section 376, IPC, in default 1 year imprisonment and for Section 506, IPC, the trial court imposed a sentence of 2 years imprisonment with a fine of Rs. 5000, in default, 6 months imprisonment. The trial court further directed that the sentences were to run concurrently.
Study and Written By:
Ms Harshita Niranjan
Volunteer of AFRS
