KASIF Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 14.02.2013 and 16.02.2013 respectively wherein the appellant stood convicted under Section 366/376(2) (g) read with Section 34 of the IPC. For the offence punishable under Section 376(2) (g) of the IPC he had been sentenced to undergo RI for 10 years and to pay fine of Rs. 7000/ - in default of payment of fine to undergo SI for 2 years; under Section 366/34 of the IPC he had been sentenced to undergo RI for 10 years and to pay a fine of Rs. 5000/ - in default of payment of fine to undergo SI for 2 years. Sentences were to run concurrently.

(2.) THE version of the prosecution was unfolded in the statement of the sister of the prosecutrix (PW -14). She had lodged a complaint on 07.10.2010 stating that her sister who was living with her was missing since 06.10.2010. On the same day i.e. 07.10.2010 the prosecutrix was traced. She was examined and her statement under Section 164 Cr.P.C. was recorded. She had deposed that she had left her home at about 7.00 a.m. on the fateful day. She boarded a bus for Seelampur. She got down from the bus at the bus station; she was taken to Jama Masjid by an unknown person. At Jama Masjid she lost her way. The appellant Kasif along with three other persons had taken her in a maruti car promising to drop her at her brother's house. She sat in the car; she was taken to a house where rape was committed upon her by the appellant and the three other persons.

(3.) APART from the present appellant accused Tohid was also arrested. Since he was a juvenile he was tried by the Juvenile Justice Board. On 06.5.2011 on a secret information having been received about the whereabouts of the present appellant he was arrested and taken into custody on 07.5.2011 vide arrest memo Ex.PW -6/B.