JITENDER KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) BY filing these two Criminal Appeals bearing Nos. 624/2009 and 629/2009, convicts/Appellants Jitender Kumar @ Jai and Sachin are impugning the judgment and order on sentence dated 28.07.2009 and 04.08.2009 respectively passed by learned Addl. Session Judge in Session Case No. 195/2008 in FIR No. 272/2007 under Sections 376/506/34 IPC, PS New Usmanpur.

(2.) THE Learned Additional Sessions Judge vide impugned judgment and order on sentence has convicted both the Appellants for committing the offence punishable under Section 376(2)(g)/506 IPC and sentenced them to undergo RI for a period of 10 years with fine of Rs. 5,000/ - each and in default to undergo SI for six months for the offence punishable under Section 376(2)(g) IPC and further to undergo RI for a period of two years five years with fine of Rs. 2,000/ - each and in default to undergo SI for a period of two months for the offence under Section 506 IPC. Both the sentences were ordered to be run concurrently with benefit of provisions of Section 428 Cr.P.C.

(3.) WHEN SI Ishwar Singh reached the spot alongwith Ct.Satish, he met Km. 'A' (name of the Prosecutrix withheld to conceal her identity) who made her statement Ex.PW2/A before him. After making endorsement on the statement Ex.PW2/A, he sent rukka at 1.15 pm for registration of the case through Ct.Satish with a request to send the copy of the FIR to him at the spot as he was busy with the investigation at the spot. He also requested that a woman ASI be also sent to the spot.