RAJESH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 25.11.2011 and 26.11.2011 respectively wherein the appellant Rajesh has been convicted for the two separate offences under Sections 363/376(2)(f) of the IPC. He has been sentenced to undergo a maximum incarceration of RI 10 years besides fine for each of the two offences.

(2.) Record shows that apart from the present accused, two other persons had been charge-sheeted i.e. the sister and brother-in-law of the appellant namely Meera and Ishwar Lal. They have since been acquitted.

(3.) The case as set up by the prosecution is that the prosecutrix aged about 13 years had been enticed by the appellant and taken to Kanpur where the she was kept in a house belonging to the friend of the appellant. The appellant committed rape upon the prosecutrix. Police report was lodged in the police station on 03.03.2010. On 07.03.2010, the accused was arrested. Charge-sheet was filed against him.