JITENDER KUMAR GOSWAMI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This revision petition filed under Section 397/401 Cr.P.C is directed against the order dated 25.01.2018, passed by the Special Judge-07, Central Tis Hazari Courts, Delhi in Criminal Appeal No.280/2017 where by the learned Additional Session Judge has affirmed the judgment and order dated 27.11.2017 and the order dated 29.11.2017, passed by the Metropolitan Magistrate-04 (Central), Tis Hazari Courts, Delhi. The learned Metropolitan Magistrate by order dated 27.11.2017 has convicted the petitioner for offences punishable under Sections 377, 323 and 506 IPC. By a separate order dated 29.11.2017, the accused has been sentenced to undergo rigorous imprisonment for two and a half years (30 months) for the offence punishable under Section 377 IPC, rigorous imprisonment for one year for offence punishable under Section 506 IPC and rigorous imprisonment for six months for offence punishable under Section 323 IPC, all the sentences shall run concurrently.

(2.) FIR No.200/12, dated 16.06.2012 was registered at Police Station Sarai Rohilla for offences under Sections 377, 323, 506 IPC. The FIR was lodged by Anil Kansal who is the father of the victim.

(3.) On investigation charge-sheet under Sections 377, 323, 341, 506 IPC has been filed on 04.09.2012. The brief facts as narrated in the charge-sheet are: