MOHAMMAD SALEEM Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) By this judgment I proceed to record the reasons pursuant to the following order passed by me on 13th August, 1991 -

(2.) . This appeal is directed against the judgment and order, both dated 29th November, 1988, made by Additional Sessions Judge, New Delhi convicting the appellant under Sections 366 and 376 of the Indian Penal Code and sentencing him to undergo R I. for three years and to pay fine of Rs. 200.00 and in default to undergo simple imprisonment for one month under Section 366 of the Indian Penal Code, and to concurrently undergo rigorous imprisonment for 7 years and to pay a fine of Rs .200.00 and in default to undergo simple imprisonment for one month under Section 376 of the Indian Penal Code.

(3.) . The prosecution case in brief is that on 15th June, 1987, Kiran aged 11- years, who was residing at Delhi Cantt, had gone to the market at about 3 p.m. to purchase vegetables. While she was standing at bus stop Nangal Rai to board a bus to get back home, she felt giddy and asked for water. Saleem was also standing there. He gave her a glass of water. After drinking it, she felt uneasy Saleem told her that be would take her to her mother's house. Thereafter, she became unconscious. Saleem took her to the place where he was himself residing at Shahdara, and kept her there upto 22nd June, 1987. In between 15th June to 22nd June, 1987, be raped her. Kiran, on her own, came back to her mother's place on the 22nd June, 1987, 8 at p m.