New Delhi: A 50-year-old man has been awarded five years rigorous imprisonment by a Delhi court for trying to rape a nine-year-old girl here in 2010.
The special fast track court convicted Bihar native Madan, a labourer, while relying on the statement of the victim. It imposed a fine of Rs 6,000 on him.
"Inspite of incisive cross-examination, nothing material has been brought on the record so as to impeach her (girl) creditworthiness. In the witness box, she withstood the test of cross-examination and her testimony is consistent throughout.”
"The version of this witness (girl) on the core spectrum of the crime remained intact. There is nothing in her statement to suggest that she had any animus against the accused to falsely implicate them in this case," Additional Sessions Judge MC Gupta said.
According to the police, the case was lodged on July 20, 2010 on a complaint by the father of the girl who had said that he, along with his wife and daughter, had gone to his younger brother`s house at Tikri Khurd in north west Delhi.
On July 19, 2010, when he was sleeping in another room, his daughter came to him at night and told him that Madan, who was their neighbour and was sleeping in her room, tried to rape her and when she raised an alarm, he slapped her and threatened her not to disclose the incident, the police said.
The victim`s uncle apprehended Madan and he was handed over to the police.
During the trial, Madan told the court that he was falsely implicated in the case.
Madan`s counsel contended that his client had given loan to the father and uncle of the girl and after he demanded his money back for treatment of his wife, they implicated him in the case.
The court, however, convicted him for the offences under various sections of the IPC, including rape, after going through the evidence placed before it and the statements of the witnesses.
"The act of accused Madan does sufficiently prove an attempt to commit rape upon the prosecutrix (girl) without her consent," it said.