SONU Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) Appellant has been convicted under Sections 363/366/376 of the Indian Penal Code (IPC) by the learned Additional Sessions Judge, Delhi; sentenced to face rigorous imprisonment for a period of three years and fine of Rs. 1,000/- under Section 363 IPC; in default of payment of fine to undergo simple imprisonment for a period of fifteen days; sentenced to face rigorous imprisonment for a period of five years and fine of Rs. 2,000/- under Section 366 IPC; in default of payment of fine to undergo simple imprisonment for a period of thirty days and sentenced to face rigorous imprisonment for a period of seven years and fine of Rs. 2,000/- under Section 376 IPC; in default of payment of fine to undergo simple imprisonment for a period of thirty days. All the sentences were ordered to run concurrently.

(2.) As per the prosecution, appellant took away the prosecutrix with him to his village on 7th October, 2006 after enticing her. Prosecutrix was minor at that time. He kept the prosecutrix with him till 13th October, 2006. During this period he had sexual intercourse with the prosecutrix against her wishes. Thus, appellant had committed offences under Sections 363/366/376 IPC.

(3.) Prosecutrix was examined as PW1. On the basis of evidence adduced before it, learned trial Court returned a finding that the prosecutrix was a consenting party and had accompanied the appellant of her own free will and accord. Prosecutrix stayed in the house of appellant for about a week, of her own free will.