RATTAN MANDAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The appeal is directed against a judgment dated 18.11.2002 in Sessions Case No.01/2002 arising out of FIR No.338/2001 registered at Police Station Sarita Vihar by which the appellant Rattan Mandal was held guilty for committing offences under Sections 363/366/376 IPC. By an order dated 18.11.2002, he was awarded RI for seven years with fine Rs. 200/- under Section 376 IPC; RI for three years with fine Rs. 200/- under Section 366 IPC and RI for two years with fine Rs. 200/- under Section 363 IPC. All the substantive sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the chargesheet was that on 23.08.2001 the appellant kidnapped prosecutrix 'X' (assumed name), aged about 14/15 years from the lawful guardianship of her parents and took her to various places. 'X' was detained till 13.09.2001 and was sexually assaulted.

(3.) During the course of arguments, on instructions, the appellant's counsel informed that the appellant has opted not to challenge the findings on conviction as recorded by the trial court. He, however, prayed to take lenient view and to release the appellant for the period already undergone by him in custody which is almost five years. Learned Additional Public Prosecutor has no objection to consider the mitigating circumstances, if any.