RAKESH ALIAS RAKU Vs. STATE

JUDGEMENT

(1.) This Appeal is directed against a judgment dated 02.04.2009 and an order on sentence dated 29.04.2009 passed by the learned Additional Sessions Judge ("ASJ") in Sessions Case No.15/1/08 FIR No.642/2005 Police Station Ashok Vihar whereby the Appellant was held guilty for the offences punishable under Sections 342/376/506 IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for a period of six months and to pay a fine of Rs. 1000/- or in default of payment of fine to undergo Simple Imprisonment (SI) for a period of 30 days for the offence punishable under Section 342 IPC; and RI for a period of one year and to pay fine of Rs. 1,000/- or in default of payment of fine to undergo SI for 30 days for the offence punishable under Section 506 IPC. The Appellant was further sentenced to undergo RI for a period of seven years and to pay fine of Rs. 10,000/- or in default of payment of fine to undergo SI for a period of six months for the offence punishable under Section 376 IPC.

(2.) The prosecution version can be extracted from Para 2 of the impugned judgment as under:-

(3.) In order to establish its case, the prosecution examined 12 witnesses. PW-1 "S" (name withheld to conceal identity) the prosecutrix was the star witness of the prosecution. Smt. Prema (PW-2) lends corroboration to the testimony of the prosecutrix. In her examination-in-chief, the prosecutrix testified as under:-