LAWS(DLH)-2016-5-303

RAJENDER KUMAR Vs. STATE

Decided On May 31, 2016
RAJENDER KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal has come up for hearing pursuant to the directions issued for expediting hearing in appeals filed by persons in custody (with sentence more than five years and upto seven years).

(2.) The appellant has preferred this appeal against the judgment dated 23.05.2015 and order on sentence dated 25.05.2015 whereby he has been convicted for committing the offence punishable under Section 376/506 IPC and sentenced to undergo RI for seven years with fine of Rs. 5,000/ - and in default of payment of fine, to undergo SI for one year for the offence punishable under Section 376 IPC and further to undergo RI for three years for the offence punishable under Section 506 IPC.

(3.) Case FIR No.45/2014 under Sections 376/506 IPC has been registered at PS Bara Hindu Rao on the basis of statement made by the Prosecutrix 'VS' aged about 38 years wherein she stated that she started residing at Kabir Basti, Malka Ganj, Delhi 3 -4 months prior to this incident. She is having three sons, eldest being 18 years old, second son being 17 years old and third son being 8 years old at that time. While the two elder sons were from her first husband who had divorced her, the youngest son was from her second husband. She was working in J.P.Building at 4 th Floor on monthly salary of Rs.4500/ - and was doing the job of cutting and stitching of ''taat patti'(Jute sheets)'. She had not received her salary for the preceding two months.