LAWS(DLH)-2024-12-7

SATISH KUMAR Vs. STATE

Decided On December 13, 2024
SATISH KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeal has been filed against the judgement of conviction dtd. 13/3/2009 and order on sentence dtd. 16/3/2009 passed by learned ASJ, Karkardooma Courts, New Delhi in Sessions Case No. 56/2008 arising out of FIR No.654/2007 registered under Ss. 376/506 IPC at P.S. Gokalpuri, New Delhi. Vide the impugned judgement, the appellant was convicted for the offence punishable under Ss. 451/376/506 IPC and sentenced to undergo rigorous imprisonment for a period of 1 year for the offence punishable under Sec. 451 IPC with a fine of Rs.2000.00 in default whereof, he was directed to undergo further rigorous imprisonment for 3 months. For the offence punishable under Sec. 506 IPC, the appellant was directed to undergo rigorous imprisonment for 3 years. Lastly, for the offence under Sec. 376 IPC, the appellant was directed to undergo rigorous imprisonment for 7 years with a fine of Rs.4000.00, in default whereof, he was directed to undergo further rigorous imprisonment for 6 months. The said sentences were directed to run concurrently and the benefit of Sec. 428 Cr.P.C was also extended to the applicant.

(2.) The facts, as noted by the Trial Court, are as under:-

(3.) The appellant pleaded not guilty and claimed trial. The prosecution examined a total of 11 witnesses to prove its case. The victim was examined as PW7. Dr. R. A. Gautam was examined as PW6 to prove the MLC of the prosecutrix. The other witnesses were formal in nature relating to various aspects of investigation.