ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) These appeals arise from a common judgment and order whereby the appellant in Crl. Appeal No. 999/2008 has been convicted for offences punishable under Section 363/366/376/504 IPC and the Appellant in Crl. Appeal No. 13/2009 has been convicted for offences punishable under Sections 376/506 IPC.

(2.) Both the Appellants have been awarded sentence of RI for 7 years and fine of Rs. 2,000/- each, in default, RI for one month under Section 376 IPC and RI for one year under Section 506 IPC. The Appellant Anil Kumar has also been awarded sentence of RI for 7 years for offence punishable under Section 366 IPC and fine of Rs. 2,000/-, in default RI for one month, and RI for a period of 2 years and fine of Rs. 1,000/-, in default RI for 15 days for offence punishable under Section 363 IPC.

(3.) The allegations in brief against the Appellants are that on 1st April, 2005, the Appellant Anil Kumar took the Prosecutrix from her house to jhuggi No. 5, L-Block, Jivan Jyoti Apartment, Sakur Pur on the pretext that he would marry her and there committed rape with her without her consent twice, after threatening her. Appellant Anil threatened her that if she disclosed he would kill her by knife, so she did not cry there. After six days her parents traced her and took her away. The allegations against the Appellant Shankar are that at the said jhuggi he also committed rape with the Prosecutrix after threatening her, when Anil went away somewhere.