SANJAY Vs. STATE

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No.600/2000 filed on 30.09.2000, whereby the appellant Sanjay S/o Veer Singh has assailed the impugned judgment dated 19.09.2000 of the learned Additional Sessions Judge (ASJ) Shahdara, in State Case 78/99 in FIR No. 153/99, PS Bhajanpura whereby the appellant was convicted for the commission of rape on the prosecutrix as defined under Section 375 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and was convicted thereunder. The appellant has also assailed the impugned order on sentence dated 20.09.2000 in the said case whereby he was sentenced to undergo imprisonment for life and was held liable to pay a fine of Rs.5000/- and in default of the payment of the fine to undergo further simple imprisonment for six months with the direction that he would be entitled to the benefit of the period of the detention already undergone being set off under Section 428 of the Criminal Code of Procedure, 1973 (hereinafter referred to as Cr.P.C.) both during trial, investigation and enquiry.

(2.) Notice of the appeal was issued to the State. The trial Court record has been requisitioned, received and perused. Vide order dated 11.12006 of this Court the sentence of imprisonment of the appellant has been suspended as per the condition imposed thereby of furnishing a personal bond in the sum of Rs.10,000/- with two sureties of the like amount. As per the nominal roll, received from the Superintendent Jail-1, Tihar, New Delhi, the appellant had undergone a period of 7 years, 7 months and 27 days of incarceration till his release on 13.12006 on bail.

(3.) Arguments were addressed on behalf of the learned counsel for the appellant, Mr.M.L.Yadav, and on behalf of the State by the learned Addl. Public Prosecutor, Ms.Aashaa Tiwari,.