RAVI @ SONU Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present appeal has been preferred by the appellant - Ravi @ Sonu to challenge the legality and correctness of a judgment dated 28.01.2014 of learned Addl. Sessions Judge in Sessions Case No. 83/2012 arising out of FIR No. 316/2012 registered under Sections 363/367/377 Penal Code at Police Station Sunlight Colony by which the appellant was held guilty for committing offences punishable under Sections 367/377 IPC. By an order dated 07.02.2014, he was sentenced to undergo RI for five years with fine Rs. 21,000.00 under Sec. 377 Penal Code and RI for two years with fine Rs. 4,000.00 under Sec. 367 IPC. Both the sentences were to operate concurrently.

(2.) Allegations against the appellant, in brief, were that on the night intervening 11/108.2012 near flyover of Sarai Kale Khan, he committed carnal intercourse against the order of nature with 'X' (assumed name) aged around 10 years. DD No.39 (Ex.PW12/A) dated 108.2012 came into existence at Police Station Sunlight Colony. 'X' was medically examined. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. The appellant was arrested. Upon completion of investigation, a charge-sheet was filed against the appellant. The prosecution examined twelve witnesses to prove its case. In 313 Crimial P.C. statement the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in conviction as aforesaid.

(3.) During the course of arguments, learned counsel for the appellant, on instruction, stated that the appellant has opted not to challenge the findings of the trial court on conviction. He prayed to modify the sentence order as the appellant has undergone substantial period of substantive sentence and is not a previous convict. Learned APP has no objection to take into consideration the mitigating circumstances.