AKIL AHMAD Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment and order of sentence dated 31.07.2000 & 04.08.2000 respectively wherein he has been convicted under Sections 363/366/376 of the IPC. For the offence under Section 376 of the IPC, he has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo RI for 1 year; for the offence under Section 366 of the IPC, he has been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.3,000/- and in default of payment of fine, to undergo RI for 9 months; for the offence under Section 363 of the IPC, he has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo, RI for 6 months. Benefit of Section 428 of the Cr.PC had been accorded to the appellant.

(2.) The version of the prosecution is that on 11.08.1997, the accused had taken the prosecutrix 'S' forcibly to Rohini where she was kept at his relative's house till 22.08.1997. The accused had committed rape upon her in this intervening period; the prosecutrix was a minor aged about 15 years.

(3.) Missing report about the victim being missing from her house had been recorded vide DD No. 5-A on 20.08.1997 by the mother of the victim Khursheed (PW-4).