CHAMAN Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) Appellant impugns the judgment dated 07.10.2009 and order on sentence dated 09.10.2009 passed by learned Additional District & Sessions Judge in Sessions Case No. 49/2008 arising out of FIR No.140/08 under Section 376(2)(f) IPC, Police Station Uttam Nagar whereby the appellant was convicted under Section 376(2)(f) IPC and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5000/- in default to undergo simple imprisonment for a further period of one month.

(2.) The prosecution case succinctly stated as follows:

(3.) Prosecution examined as many as 13 witnesses to substantiate its case. All the incriminating evidence was put to accused while recording his statement under Section 313 Cr.P.C. wherein he denied the case of prosecution, pleaded innocence and alleged false implication in this case. He examined his mother Smt.Savitri as DW-1 to testify that her son was having enmity with one Bunty and he was falsely implicated at the instance of Bunty.