LAWS(DLH)-2021-1-49

REKHA Vs. STATE (N C T) OF DELHI

Decided On January 25, 2021
REKHA Appellant
V/S
State (N C T) Of Delhi Respondents

JUDGEMENT

(1.) The appellants have filed the present appeal, inter alia, impugning a judgment dated 30.03.2016 passed by the ASJ-01(East), Karkadooma Courts, New Delhi, whereby they were convicted of the offences for which they were charged. Rekha (the appellant in Crl. A 518/2016) was convicted for the offences punishable under Section 109 read with Section 376 of the Indian Penal Code, 1860 (hereinafter 'IPC') and Section 5 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter 'ITP Act') and Subhash (the appellant in Crl. A No. 555/2016) was convicted for committing offences punishable under Sections 366A, 376 and Section 109 read with Section 376 of the IPC and Section 5 of the ITP Act.

(2.) The appellant, Rekha, impugns an order on sentence dated 26.04.2016, whereby she was sentenced to (i) four years of rigorous imprisonment along with a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month for committing the offence punishable under Section 109 read with Section 376 of the IPC; and (ii) seven years of rigorous imprisonment along with a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for a period of one month for committing an offence punishable under Section 5 of the ITP Act. All the sentences were directed to run concurrently.

(3.) The appellant, Subhash, impugns an order on sentence dated 26.04.2016, whereby he was sentenced to undergo (i) four years of rigorous imprisonment along with a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month for committing an offence punishable under Section 366A of the IPC; (ii) ten years of rigorous imprisonment along with a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for a period of six months for committing an offence punishable under Section 376 of the IPC; (iii) seven years of rigorous imprisonment along with a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for a period of six months for committing an offence punishable under Section 109 of the IPC and (iv) ten years of rigorous imprisonment along with a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month for committing an offence punishable under Section 5 of the ITP Act. All sentences were directed to run concurrently.