(1.) The instant criminal appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C. ") has been filed on behalf of the appellant against the impugned judgment and order dtd. 9/1/2007 and 15/1/2007 passed by learned Additional Sessions Judge, Delhi, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for three years and a fine of Rs.5000.00 in default, rigorous imprisonment for three months under Sec. 366 of the Indian Penal Code, 1860 (hereinafter "IPC "), rigorous imprisonment for two years and a fine of Rs.5000.00 in default, rigorous imprisonment for three months under Sec. 506 of IPC. All the sentences to run concurrently.
(2.) The brief facts as per the prosecution case is that on 25/9/1998, the daughter of the complainant aged about 15 years left the house for purchasing fruits and vegetables but she did not return home. A missing report was lodged vide DD No. 43B on 26/9/1998. On 28/9/1998, an FIR was registered on the basis of the said complaint. The victim was recovered from Village Behat, District Gwalior, Madhya Pradesh on 25/11/1998. On the statement of the prosecutrix, the accused Keshav was arrested by the Police. The statement of prosecutrix was recorded, wherein she stated that on 25/9/1998, when she had gone to purchase fruits and vegetables, accused Jasbir met her and told her that her friend Sharda had called her at the bus stand of route no. 817. She refused but when Jasbir insisted, she accompanied him. On reaching the bus stand of route no. 817, she found that her friend Sharda was not there but accused Anand Singh and Keshav were present. She was threatened and was taken to a room, where Keshav kept her. She was regularly threatened and raped by co-accused Keshav against her wishes.
(3.) After completion of investigation, chargesheet was filed against the accused persons, including the present appellant. After complying with the provisions of Sec. 207 of the Cr. P.C., learned Metropolitan Magistrate committed the case to the Sessions Court for trial. All the accused persons were charged for the offence punishable under Sec. 366 read with Sec. 34 of IPC and Sec. 506 read with Sec. 34 of IPC and accused Keshav was also charged for the offence punishable under Sec. 376 of IPC. The accused persons pleaded not guilty and claimed trial.
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