KISHORE KUMAR Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 07.08.2014 of learned Additional Sessions Judge in Sessions Case No.21/14 arising out of FIR No.150/2009 registered at Police Station Sultan Puri by which the appellant was held guilty for committing offence under Sections 120B IPC and 368 IPC read with Section 120B IPC. By an order dated 16.08.2014, he was sentenced to undergo Rigorous Imprisonment for four years with fine Rs.5,000/ - each under the both heads. The sentences were to operate concurrently.

(2.) By a judgment dated 29.01.2013 in Sessions Case No.452/2010 emanating from FIR No.150/2009 registered at Police Station Sultan Puri (Crime Branch) Bimla, Mukesh, Kartar, Shyam Lal (since expired), Kishore (the appellant), Anita @ Marwan and Mangal were held guilty for committing various offences. The present appellant Kishore and Anita were convicted under Sections 120 -B IPC and Section 368 read with Section 120B IPC. The convicts were sentenced to undergo various prison terms by an order dated 31.01.2013. The convicts challenged the said judgment by filing various appeals. All these appeals were taken up together and disposed of by this Court by a judgment dated 28.04.2014. Appeals filed by all the convicts except Kishore Kumar (the present appellant) were dismissed. The appellant's appeal was allowed and the matter was remanded to the Trial Court with the direction to provide counsel to the appellant through Delhi Legal Services Authority and to give an opportunity to the counsel to cross -examine the prosecutrix on his behalf. The Trial Court was directed to pass fresh orders on merits after cross -examination of the prosecutrix.

(3.) The Trial Court pursuant to the direction of this Court, vide order dated 28.04.2014, recalled the prosecutrix 'X' (changed name) for cross -examination. Statement of the appellant was recorded under Section 313 Cr.P.C. Upon appreciation of evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment dated 07.08.2014 convicted the appellant for the offences mentioned previously. Being aggrieved and dissatisfied, the instant appeal has been filed.