RAMBIR @ GHANTA Vs. STATE

JUDGEMENT

(1.) THE appellant -Rambir @ Ghanta impugns a judgment dated 18.08.2012 in Sessions Case No.14/11 arising out of FIR No.559/10 under Section 366/376 (2) (g)/506 IPC registered at Police Station Mandawali by which he was held guilty for committing offence under Section 366/34, 376 (2)(g) and 506/34 IPC. By an order dated 22.08.2012 he was awarded various prison terms with fine.

(2.) ALLEGATIONS against the appellant as reflected in the chargesheet were that on 03.11.2010 at around 4:45 a.m. near Shani Mandi, Ganesh Chowk, he along with his associates committed rape upon 'X' (assumed name). FIR was registered on the complaint of the prosecutrix 'X'. The appellant and his associates were apprehended and arrested. Statements of witnesses conversant with the facts were recorded. Exhibits were sent to Forensic Science Laboratory for examination. After completion of investigation, a charge -sheet was filed against the appellant and co -convicts. The prosecution examined 18 witnesses to prove its case. In 313 statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the instant appeal.

(3.) DURING the course of arguments, Crl.M.A.No.20106/2014 under Section 7 -A of the Juvenile Justice (Care and Protection of Children) Act, 2000 was filed by the appellant claiming juvenility on the day of incident. Prayer was made to release him under Rule 98 of the Juvenile Justice (Care and Protection of Children) Rules, 2007. State has filed status report informing that at the time of arguments on the point of sentence, the appellant had disclosed his age around 20 years.