SHAMSHAD Vs. STATE

JUDGEMENT

(1.) Shamshad stands convicted under Sections 367/377/506 IPC and Section 27 of the Arms Act by judgment dated 15.10.2014 passed by the learned Additional Sessions Judge, North East, Karkardooma Courts in S.C No.38(1)/2012 arising out of FIR No.220/2012 (P.S.Welcome).

(2.) By order dated 16.10.2014, appellant Shamshad has been sentenced to undergo RI for three years, fine of Rs.5000/- and in default of payment, SI for two months for the offence under Section 367 IPC; RI for four years, fine of Rs.15,000/- and in the event of default of payment of fine SI for six months for the offence under Section 377 IPC; RI for two years, fine of Rs.5000/- and in default of payment SI for two months for the offence under Section 506 IPC and RI for three years, fine of Rs.5000/- and in the event of default of payment of fine SI for two months for the offence under Section 27 of the Arms Act. The sentences have been ordered to run concurrently with the benefit of Section 428 of the Code of Criminal Procedure.

(3.) The appellant is said to have ravished Mohd.Zareef (PW-6). His statement (Ex.PW-6/A) discloses that on 13.07.2012 while he was returning to his house from Jheel Park, one person came on a motorcycle at about 7 p.m and asked him to accompany him. On such request, PW-6 sat on the motorcycle. The motorcyclist disclosed his name as Salim. When some of the boys who were walking in the Jheel park called him by the name Shamshad, Mohd.Zareef (PW-6) became suspicious and asked him to stop the motorcycle. Mohd.Zareef is then alleged to have been taken to a secluded place where, on point of knife, the appellant had carnal intercourse with him.