LAWS(DLH)-2017-9-193

RAJESH TIWARI Vs. STATE

Decided On September 15, 2017
RAJESH TIWARI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeal has been instituted by the appellant under section 374 of the Code of Criminal Procedure, 1973, (hereinafter referred as "Cr.P.C.") against the impugned judgment dated 24.09.2012 and order on sentence dated 28.09.2012 passed by the Court of ASJ, Rohini Courts, Delhi, (FIR No. 75/2011, P.S. Aman Vihar, New Delhi), whereby the Appellant was convicted under Section 376(f) and 506 of The Indian Penal Code, 1860 (hereinafter referred to as "IPC") and for the offence punishable under section 376(f) IPC, he has been awarded rigorous imprisonment of ten years and a fine of Rs. 20,000/-, and in default of fine, to further undergo six months simple imprisonment. Further, the convict was also sentenced for three years rigorous imprisonment with a fine of Rs. 5000/- for offence punishable under Section 506 IPC, in default of fine, he shall further undergo simple imprisonment for three months.

(2.) The case of the prosecution as observed by the Trial Court vide its order dated 24.09.2012 is that:-

(3.) During trial, the prosecution relied upon sixteen witnesses. The statement under Section 313 Cr.P.C., 1973 were recorded wherein the appellant denied all the incriminating circumstances appearing in evidence against him and claimed to be falsely implicated in the case.