PANKAJ Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 26.07.2016, whereby the appellant was convicted of the offences punishable under Sections 392 and 397 read with Section 34 of the Indian Penal Code, 1860 (IPC). The appellant also impugns an order dated 28.07.2016, whereby he was sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs. 10,000/- for the offence committed under Sections 392/34 of the IPC and in default of payment of fine, to serve simple imprisonment for a further period of six months. The Trial Court also directed that sum of Rs. 7,000/- would be paid as a compensation to the complainant out of the aforesaid fine of Rs. 10,000/-. In addition, the appellant was sentenced to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 397/34 of the IPC. The sentences were directed to run concurrently.

(2.) The appellant was prosecuted pursuant to FIR No.263/2014 under Sections 392/397/34 of the IPC, registered with PS Mianwali Nagar.

(3.) The said FIR was registered at the instance of the complainant (Ankur Pathak), who deposed as PW-3. The complainant had stated that he was working with a company named Accenture located in Sector 62, Noida. He stated that on 10.04.2014, he had gone to Peeragarhi Metro Station on his way to Noida. He stated that when he reached the said Metro station and was going up via an escalator, one boy aged about 15-16 years approached him and told him that a person standing downstairs was calling him. The complainant looked downwards but could not see the said person. The boy then asked the complainant to go downstairs. The complainant did so and he was approached by one person aged about 27-28 years (identified as the appellant). He accosted the complainant and alleged that he (the complainant) had raped his sister. He told the complainant that she had received injuries and the complainant's face resembled with that of the person who had raped his sister. He called upon the complainant to accompany him so that his sister could identify him. He also told him that if he was not the same person, he would be free to go. The complainant tried to convince him that he had not raped any person. The appellant also spoke to the father of the complainant on his phone (the phone of the complainant). The complainant stated that he accompanied that person to clear the misunderstanding. Both the boys (the appellant and the boy who had approached the complainant) took the complainant to Surajmal Stadium Metro Station on a motorcycle, that was described as a red and black colored Bajaj Discover model. The complainant alleged that they stopped the motorcycle at a secluded place and took him to the jungle behind the said Metro Station. The rider then give a blow to the complainant due to which the complainant collapsed on the ground (sat down on the ground). The appellant, thereafter, asked the other boy to hand him a knife. The complainant stated that he feared for his life and asked them to take whatever they wanted but not kill him. He alleged that the accused placed a knife on his waist and asked him to handover whatever he had. The complainant stated that he had Rs. 1250/- which he handed over to the accused. Further, the accused also took away two gold rings that the complainant was wearing. The other boy returned Rs. 250 and asked the complainant to flee to his house. The complaint then fled from the spot and reached Nangloi Bus Depot, where he informed the police.