SHAHANWAJ ALAM Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order on sentence dated 11.02.2013 and 14.02.2013 respectively wherein the appellant stands convicted under Section 363/366/376 of the IPC. The maximum sentence which has been awarded to him is RI 8 years. This is for his conviction under Section 376 of the IPC. He has also been sentenced to pay a fine of Rs. 8,000/ - and in default of payment of fine to undergo SI for 18 months. For his conviction under Section 366 of the IPC, he has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 7,000/ - and in default of payment of fine to undergo SI for 18 months. For his conviction under Section 363 of the IPC, he has been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo SI for 12 months. The sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been granted to the appellant.

(2.) THE version of the prosecution was unfolded in the testimony of the prosecutrix 'sY' examined as PW -1. She had deposed that on 01.08.2011, when she was talking to the accused on the phone at night, he asked to her come down stating that he had some work. At that point of time, her family members were sleeping. The accused caught hold of her hand and got her to board an auto. He took her to Nangloi where the brother of the accused Sonu was residing and thereafter he took her to Bihar. She was finally recovered from his company on 09.08.2011 i.e. after a gap of 6 -7 days. She reported the matter to the police.

(3.) FIR was accordingly registered. The victim was recovered in Delhi and recovery memo was prepared by WHC Ranjeeta examined as PW -4. It was pursuant thereto that her MLC was conducted. It was conducted through Dr. Sruthi Bhaskaran and the MLC Ex.PW -2/A had found that her hymen was ruptured. The statement of the victim was recorded by the learned MM under Section 164 of the Cr.PC and has been proved as Ex.PW -3/A.