MOHD. SHAKEEL Vs. STATE

JUDGEMENT

(1.) THE present appeal is being filed while challenging the judgment dated 27.03.2009 whereby the appellant has been held guilty and convicted for the offences punishable under Section 366 / 376 (2) (f) Indian Penal Code, 1860.

(2.) ALSO challenged the Order on Sentence dated 31.03.2009, whereby the ld. Trial Court has sentenced him to undergo RI for a period of 5 years and to pay a fine of Rs.2,000/- for the offences punishable under Section 366 of Indian Penal Code, 1860 and to undergo RI for a period of 10 years and to pay fine of Rs.3,000/- for the offences punishable under Section 376 (2) (f) of Indian Penal Code, 1860. Both the sentences have been ordered to run concurrently.

(3.) AS per the statement made by Tabassum before SI Sambhu Nath, stated that she along with her four sisters and two brothers used to reside in Jhuggi No. 278, Moolchand Basti, Part-III near Powerhouse, Darya Ganj, New Delhi. Youngest sister i.e. child victim aged about 8 years was studying in IIIrd Standard in a Govt. School near Shanti Van. She used to go her School at 7 Pm and returned at 12 noon. Thereafter, she used to go for tuition at 1 Pm at Darya Ganj itself and returned at about 5 pm daily. Thereafter, she used to go for play.