RANJEET NAIK Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal has been instituted under Section 374 Cr.P.C. read with Section 482 Cr.P.C. against the impugned judgment and order on sentence both dated 15.10.2020 passed by the learned ASJ, Special Fast Track Court, Patiala House Courts, New Delhi in case SC No. 9470/2016 arising out of FIR No. 312/2016 registered under Section 376 IPC at P.S. Sagarpur, whereby the appellant was convicted vide aforesaid judgment for the offence punishable under Sections 354D/376 IPC. Further, vide the aforesaid order on sentence the appellant was sentenced to undergo RI for a period of 10 years along with fine of Rs.13,000/- in default whereof to undergo SI for a period of 6 months for the offence punishable under Section 376 IPC. He was further sentenced to undergo RI for a period of 1 year along with fine of Rs.2,000/- in default whereof to undergo SI for a period of 2 months for the offence punishable under Section 354D IPC.

(2.) For the sake of felicity, the brief facts as noted by the Trial Court are:-

(3.) The Trial Court framed charges against the appellant for commission of offence under Sections 354D/376 IPC. In the trial, the prosecution examined 14 witnesses. The prosecutrix was examined as PW1; „KM" (husband of the prosecutrix) was examined as PW2; „G" (niece of the prosecutrix) was examined as PW3; „R", (husband of the niece of the prosecutrix) was examined as PW4; Dr. Madhu and Dr. Dhananjay Kumar, who proved the MLC of the prosecutrix, were examined as PW9 and PW12 respectively; and W/SI Kamlesh was examined as PW13. The appellant examined himself as DW1.