ISMILE Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present appeal is filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for setting aside judgment dtd. 19/1/2006 (herein referred to as the "impugned judgment") and order on sentence dtd. 19/1/2006 passed by the Court of Additional Sessions Judge, Karkardooma Courts, Delhi (hereinafter referred as the "trial court") passed in Sessions Case bearing no 53/2004 arising out of FIR bearing no 375/2003 registered under Sec. 363 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") at P.S Preet Vihar.

(2.) Briefly stated relevant facts as emerging from the record are that Mahender Kumar was residing at house bearing no 11-B, Parwana Road, Old Brij Puri, Delhi alongwith his family including daughter S who was born on 23/2/1988 and was a student of 10th Class in the year 2003. Ismile was working in a toy factory situated in front of the house of Mahender Kumar and used to tease S. Son 11/9/2003 at about 3:00 PM had gone to Sachdeva Book Shop situated at Chander Nagar and on the way Ismile asked S to talk with him and thereafter S accompanied him to some distance. Saidul who was friend of Ismile also came there after 10 minutes and both of them called an auto-rickshaw. They forcibly pushed S into auto- rickshaw and taken her to a house situated at Tugalpur near Noida which belonged to Mausi/Khala (maternal aunt) of Saidul. S was kept in the said house and on 12/9/2003 maternal aunt of the Saidul arranged another rented house in the same village where S was kept. Ismile committed sexual intercourse with several times during the period with effect from 11/9/2003 to 9/12/2003 forcibly.

(3.) Saidul did not challenge the impugned judgment and order on sentence and as per Nominal Roll, he served the sentence awarded to him vide order on sentence dtd. 19/1/2006.