RAMAN KUMAR MAGGO Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal filed by Raman Kumar Maggo directed against the judgment and order of sentence passed by the learned Additional Sessions Judge, Delhi dated 23rd August, 1999 and 24th August, 1999 respectively. The learned trial court held the appellant guilty of the offences punishable under Section 366, 376 and 324 Indian Penal Code. Thereupon the appellant was sentenced to under go rigorous imprisonment for five years and to pay a fine of Rs.2000/- for the offence punishable under Section 366 Indian Penal Code. In default of payment of fine he was to undergo further rigorous imprisonment for two months. He was further sentenced to undergo rigorous imprisonment For 10 years and a fine of Rs.5,000/- for the offence punishable under Section 376 of the Indian Penal Code. In default of payment of fine he was to undergo further rigorous imprisonment for five months. Lastly for the offence punishable under Section 324 he was sentenced to undergo rigorous imprisonment for two years. The sentences were directed to run concurrently.

(2.) Aarti is the prosecutrix. She was a child of eight years at the relevant time. On 2nd September, 1992 Kamal Kishore, father of Aarti who works in Deed Dayal Upadhaya Hospital had reported at police station Rajouri Garden that his daughter was missing and he has not been able to trace her. He felt that his daughter has been enticed by some person. He only gave the physical features of her daughter.

(3.) On basis of this statement of Kamal Kishore a case was registered. Sub Inspector Om Prakash Sharina had been handed over the investigation. Information was received vide DO entry No. 71B that a girl has been recovered at Police Station Keshav Puram. Sub Inspector Om Prakash had gone to police station Keshav Puram and obtained the custody of the child. The blood stained clothes of Aarti were taken into possession. They had been sent to Central Forensic Scientific Laboratory for analysis.