SOM PAL Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.464 of 2003 seeks to challenge judgment and order of Additional Sessions Judge, Delhi in Sessions Case No.81 of 2001 arising out of F.I.R. No.174 of 1999, registered at Police Station Keshav Puram, whereby the learned judge vide his judgment dated 21.2.2003 has held the appellant, Som Pal, guilty for offences under Section 452/364-A/342 IPC as also under Section 25/59 of the Arms Act. Further by his order dated 21.2.2003, has sentenced the appellant to undergo Rigorous Imprisonment for three years under Section 452 IPC together with fine of Rs.5,000/- and in default, further Rigorous Imprisonment for five months. He was further sentenced to life imprisonment together with a fine of Rs.10,000/- and in default of payment of fine, to undergo Rigorous Imprisonment for ten months under Section 364-A IPC. He was further sentenced to undergo Rigorous Imprisonment for six months with fine of Rs.1,000/- and in default, further Rigorous Imprisonment for one month under Section 342 IPC as also Rigorous Imprisonment for one year with fine of Rs.1,000/- and in default further Rigorous Imprisonment for one month under Section 25 of the Arms Act. All the sentences were directed to run concurrently. However, the appellant was awarded the benefit of Section 428 of the Code of Criminal Procedure.

(2.) Brief facts of the case as have been noted by the learned Additional Sessions Judge in the judgment under challenge are as under :-

(3.) The prosecution in order to establish its case examined as many as 19 witnesses. Of these, material witnesses are PW-2, Ramesh Chand Kapoor, father of the victim child Rahul; PW-4, Lajwanti, the grandmother of the child; PW-7, Sneh Kapoor, mother of the child; PW-5, DCP Satender Garg; PW-6, Shibesh Singh, ACP; PW-8, Vijay Jairam, even though he has been declared hostile; PW-9, SI Karan Singh and PW-19, SI Om Parkash, FRRO, New Delhi.