KULDEEP TYAGI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant-Kuldeep Tyagi impugns judgment dated 03.04.2010 in Sessions Case No.64/2008 arising out of FIR No.91/2008 registered at Police Station I.P.Estate by which he was convicted for committing offence punishable under Section 376 IPC and sentenced to undergo RI for seven years with fine Rs. 10,000/-.

(2.) Allegations against the appellant were that on 12.04.2008 at 02:45 P.M., he and Raj Kumar (since acquitted) kidnapped 'X' (assumed name) aged 17 years from ITO with intent to secretly confine her. It was further alleged that 'X' was wrongfully confined and demand of Rs. 15 lacs was made from her father Narvender Singh for her release. The appellant repeatedly committed rape upon her at Mussoorie and Shimla on the false promise to perform marriage with her after she turned 18. The prosecution examined 14 witnesses. In 313 Cr.P.C. statement, the appellant pleaded false implication. He stated that physical relations with 'X' were consensual and when her parents came to know about it, they falsely implicated him. He was apprehended from his office at Khuleshra, Noida on 16.04.2008. DW-1 (Naveen Srivastava) and DW- 2(Raman Bhardwaj) appeared in defence. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, convicted the appellant under Section 376 IPC and acquitted co-accused Raj Kumar Sharma. Being aggrieved, the appellant has preferred the appeal.

(3.) At the outset, it may be mentioned that appellant and his associate Raj Kumar Sharma were also charged for offences under Section 365/364A/34 IPC. However, the prosecution failed to establish the charges and both the appellant and Raj Kumar Sharma were acquitted of the charges under Section 365/364A/34 IPC. It is significant to note that State did not challenge the said acquittal. It is further significant to note that 12.09.1990 was ascertained the date of birth of the prosecutrix 'X'.