STATE Vs. SUNIL GUPTA

JUDGEMENT

(1.) THIS leave petition was filed by the State against the Judgment dated 25.03.2010 passed by the learned Additional Sessions Judge whereby the Respondent Sunil Gupta was held guilty for the offence punishable under Section 354 Indian Penal Code (IPC) instead of the offence punishable under Section 376/511 IPC (for which he was charged) and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 2,000/ -. In default of payment of fine the Respondent was required to undergo further simple imprisonment for fifteen days.

(2.) BY order dated 01.04.2011 this Court came to the conclusion that the offence under Section 376/511 IPC was not made out and that the Respondent was rightly convicted under Section 354 IPC. This Court was prima facie of the view that the matter required to be examined on the question of sentence awarded to the Respondent. The leave petition was allowed to this extent only.

(3.) IN order to establish its case the prosecution examined seven witnesses. PW -2 Smt. Renu is the mother of the prosecutrix who corroborated the prosecution version as set out earlier. PW -3 baby "K" is the prosecutrix. She was examined after putting questions to