SANTOSH Vs. STATE N C T OF DELHI

JUDGEMENT

(1.) APPELLANT has been convicted under Sections 376(2)(f)/323/506 of the Indian Penal Code by the Trial Court; sentenced to undergo rigorous imprisonment for 10 years with fine of '2,500/- and in default of payment of fine to undergo simple imprisonment for one month for the offence under Section 376(2)(f); sentenced to undergo rigorous imprisonment for one year for the offence under Section 506; rigorous imprisonment for three months for the offence under Section 323 IPC. All the sentences have been ordered to run concurrently. APPELLANT has been granted benefit of Section 428 Cr.P.C.

(2.) IT is this judgment which is under challenge in this appeal.

(3.) FIR in question was registered on the basis of statement of PW7 Bhanu Choudhary. In the FIR, PW7 Bhanu Choudhary had stated that on 25th March, 2006 at about 9:30 pm, when he reached home after work, he found his daughter missing. He made a search for his daughter, and while doing so he reached behind his jhuggi where garbage used to be thrown. There he found one boy molesting his daughter. (Actual word used by PW7 is "ched chaad"). He asked the said boy as to what he was doing with his daughter at which appellant threatened him that in case he informed about the incident to anyone he would kill him. On his raising alarm, other persons of the locality arrived there and caught hold of the appellant. Public persons gave beatings to the appellant. He informed the police on telephone. Police officials arrived at the spot and apprehended the appellant. On inquiry, name of appellant was disclosed as "Santosh".