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2007 DAILYLAW 2358 (DEL)

SURENDER SINGH LAMBA v. STATE OF NCT OF DELHI

2007-09-20

Shiv Narayan Dhingra

body2007
( 1 ) THIS application under Section 389 Cr. P. C read with Section 482 Cr. P. C has been moved on behalf of the appellant for suspension of sentence and grant of bail to the appellant on the ground of ill-health. ( 2 ) THE appellant has been convicted for the offence under Section 376 of indian Penal Code. As per the prosecution case, proved before the trial court, the appellant had raped his 15 years old domestic maid servant several times since domestic servant was living in his house and could not go out. She could not even report the matter to anyone initially. Due to repeated rape by appellant, she developed complications and the wife of the appellant called the mother of the prosecutrix and handed her over to her for treatment and sending her back after the treatment. It is then that she got a chance to tell her mother about her repeated rape by the appellant. ( 3 ) THE appellant committed this crime on 15 years old girl despite his advanced stage. The appellant, at the time of commission of crime, was aged around 70 years. He was an ex-Army Officer. The appellant now seeks bail on the ground of his health. ( 4 ) CONSIDERING the heinousness of the crime and the manner in which a minor girl has been raped, I consider it would be appropriate that the appellant be given medical treatment in the jail itself and he is not let off on the excuse of medical treatment. He has been in jail hardly for few months. This application is hereby dismissed. Jail Superintendent is directed to provide all required treatment to the appellant in jail. ( 5 ) THE application stands disposed of.