SANTU DASS Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 30.01.2006 and 31.01.2006 respectively wherein the appellant has been convicted under Section 363 of the IPC and has been sentenced to undergo RI for 2 years and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo SI for 1 month.

(2.) The present FIR had been registered at PS Vasant Kunj on the statement of the mother of the victim namely Tulsa Devi examined as PW-2. She had lodged a missing report on 14.10.2002 stating that her daughter was missing since 30.09.2002. Her allegation was that appellant Santu Dass had kidnapped her daughter 'R' aged about 16 years from the lawful custody of her parents and had also committed rape upon her. After the recovery of the prosecutrix, the appellant was arrested. The statement of the prosecutrix was got recorded under Section 164 of the Cr.PC. Challan was filed.

(3.) The prosecution had examined 10 witnesses in support of its version.