RAJU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Appellant-Raju was prosecuted under Sections 363, 366 and 376 of the Indian Penal Code (IPC) and held guilty and convicted for the same vide judgment dared 28.7.1999. The learned Additional Sessions Judge after hearing the appellant on the point of sentence, sentenced the appellant-accused to three years rigorous imprisonment with a fine of Rs. 500/- and in default, two months rigorous imprisonment under Section 363, IPC, rigorous imprisonment of five years with a fine of Rs. 1,000 /- for the offence punishable tinder Section 366, IPC, and in default, rigorous imprisonment of four months and seven years rigorous imprisonment with a fine of Rs. 1,000/- for the offence punishable under Section 376, IPC and in default of payment of fine, rigorous imprisonment for four months. All substantive sentences to run concurrently.

(2.) The appellant preferred an appeal against the sentences and conviction. Notice in the appeal was issued on 10.12.1999. The sentence of the appellant was suspended vide order dated 7.12.1999. It was further ordered that in case the appellant deposits the fine, he shall be released on bail on furnishing a personal bond in the sum of Rs. 10,000/- with one surety of the like amount. The appellant is stated to be on bail.

(3.) Before dealing with the pleas, urged by Mr. S.S. Sharma, Counsel for the appellant, the case of the prosecution, as set up, may be noticed: