MUKESH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dtd. 24/4/2024 and the order on sentence dtd. 4/6/2024 passed by the learned Additional Sessions Judge (Fast Track Court-01), Saket Courts, New Delhi, wherein the appellant was convicted for offences under Ss. 452, 308, 354 and 354B of the IPC arising from FIR No. 374/2015 registered at Police Station Hazrat Nizamuddin.

(2.) Vide order on sentence dtd. 4/6/2024, the learned Trial Court sentenced the appellant to undergo rigorous imprisonment for a period of seven years for the offence under Sec. 354B IPC and imposed a fine of Rs.30,000.00, with a default sentence of simple imprisonment for three months. For the offence under Sec. 308 IPC, the appellant was sentenced to rigorous imprisonment for seven years along with a fine of Rs.10,000.00, and in default, simple imprisonment for one month. For the offence under Sec. 452 IPC, the appellant was sentenced to rigorous imprisonment for three years and a fine of Rs.10,000.00, with a default sentence of simple imprisonment for one month. For the offence under Sec. 354 IPC, the appellant was sentenced to rigorous imprisonment for three years and a fine of Rs.10,000.00, with a default sentence of simple imprisonment for one month. The Trial Court directed that all substantive sentences shall run concurrently. Out of the total fine imposed, Rs.15,000.00 was directed to be retained towards prosecution expenses and the remaining Rs.45,000.00 was ordered to be released to the complainant as compensation. The appellant was also extended the benefit of Sec. 428 CrPC.

(3.) The prosecution case, in brief, is that on 27/5/2015 at about 8:30-9:00 p.m., the complainant, who was residing alone in a rented room on the 4th floor of House No.1, Church Lane,*, Delhi, was allegedly assaulted inside her room by the appellant. As per the written complaint, one identified boy entered into her premises while she was listening to music. He was carrying a rod and hit her on her head, after entering from the backside of the house. He hit her multiple times after which she briefly fell unconscious. She heard the sound of hitting and thought that her phone had burst. The appellant had torn her shirt and had come close to her, she shouted for help and he tried to shut her by putting his hand on her mouth. Hearing her, the landlord, residing on the third floor, came out and shouted, causing the assailant to flee. She gave his description as "dusky, in his twenties and between 5'3 to 5'5, wearing navy blue t-shirt and a light beard". The complainant was taken for medical treatment at Jeevan Nursing Home and thereafter examined at AIIMS Trauma Centre, where her injuries were recorded as simple in nature caused by a blunt weapon. She lodged a written complaint, and on the following evening identified the appellant near Church Road, upon which he was apprehended. The investigation resulted in the filing of a charge-sheet for offences under Ss. 452, 308, 354 and 354B IPC.