LAWS(DLH)-2007-5-83

ASHISH KUMAR PAL Vs. STATE OF DELHI

Decided On May 08, 2007
ASHISH KUMAR PAL PRASHANT KUMAR PAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal has been preferred against the judgment of the Additional Sessions Judge, Karkardooma, Delhi whereby the appellants were convicted under Sections 376/506/342 and 120-B of IPC and against order of sentence whereby the appellants were sentenced to 7 years of R.I. and a fine of Rs.2,000/- each under Section 376 and R.I. for one year each for offence under Section 120-B IPC and R.I. for three years each for offence under Section 506 and R.I. for 6 months each for the offence under Section 342 IPC.

(2.) Both the appellants are real brothers and used to live as tenants in the house of Smt. Santosh Duggal at house no. 26, Shankar Vihar, Delhi. Smt. Santosh Duggal was also an accused in this case. However, she died during trial. Km. Priya Jain, who is prosecutrix used to live in the adjoining house i.e. in house no. 24, Shankar Vihar with her parents. She was a student of 10th standard at Riyan International School at the time of incident. 3. The facts leading to registration of this case against the appellants as narrated by the Trial Court are as under:

(3.) The prosecution examined victim of the offence Km. Priya Jain (PW-1) as the prime witness. The other witnesses are either formal witness or corroborative. PW-1 supported the prosecution case which resulted into conviction of the appellants.