RAJESH KUMAR @ GAPODI Vs. STATE

JUDGEMENT

(1.) Present appeal is directed against a judgment dated 12.08.2011 of learned Additional Sessions Judge in Sessions Case No. 42/10 arising out of FIR No.157/10 PS Mahendra Park by which the appellant Rajesh Kumar @ Gapodi was held guilty for committing offences under Sections 363/376 IPC. By an order dated 19.08.2011, he was sentenced to undergo RI for seven years with fine Rs. 10,000/- under Section 376 IPC and RI for three years with fine Rs. 5,000/- under Section 363 IPC. Both the substantive sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case was that on 26.06.2010 at about 08.00 p.m. the prosecutrix 'X' (assumed name) aged around fifteen years went near Shiv Mandir to take chowmin from a rehri but did not return. Complaint was lodged by her father Chandan Singh informing the police that the appellant, a rickshaw-puller, had taken away his daughter.

(3.) During the course of arguments, the appellant who appeared in custody pursuant to the issuance of production warrants opted to give up challenge to the findings on conviction. He, however, prayed to modify the sentence order as he has already undergone substantial portion of the substantive sentence.