BILLO Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant/applicant Billo s/o Sh. Siya Ram Singh vide the present Criminal Appeal No. 378/2017 assails the impugned judgment dated 23.12.2016 and the impugned order on sentence dated 26.12.2016 of the Court of the learned Additional Sessions Judge-Fast Track Court (East), Karkardooma Courts, Delhi in Sessions case no.1508/16 in relation to FIR No.251/14, PS Jagatpuri which was registered under Sections 376(2)(f)/376(2)(n)/506 of the Indian Penal Code, 1860 in relation to which the appellant herein was convicted by the learned Trial Court and sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.3,000/- and in default thereof to undergo Simple Imprisonment for a period of 30 days for the offence punishable under Section 376(2)(f) of the Indian Penal Code, 1860; that the appellant having been sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.3,000/- and in default thereof to undergo Simple Imprisonment for a period of 30 days for the offence punishable under Section 376(2)(n) of the Indian Penal Code, 1860; with the appellant having also been sentenced to undergo Rigorous Imprisonment for a period of one year for the offence punishable under Section 506 of the Indian Penal Code, 1860, with all sentences having been directed to run concurrently with the benefit of Section 428 Code of Criminal Procedure, 1973.

(2.) The learned Trial Court also directed the State Legal Services Authority to determine an appropriate compensation to be paid to the victim/prosecutrix in terms of Section 357(A)(3) of the Cr.P.C., 1973 in terms of the notified Delhi Victim Compensation Scheme, 2011. The appellant was produced pursuant to the production warrants on 27.08.2018 and as per the nominal roll received from the Deputy Superintendent, Central Jail-03, Tihar, Delhi as on 16.08.2018, the appellant is indicated to have undergone 4 years 3 months and 20 days of incarceration with remission earned of 4 months and 26 days with the fine indicated to have not been paid and the unexpired portion of the sentence being 5 years 3 months and 14 days on the said date i.e. 16.08.2018.

(3.) The charge of allegations framed against the accused since convicted i.e. the present appellant on 06.01.2015 was to the effect that on 17.04.2014 at about 12.00 pm and on 18.04.2014 at House No.69, Gali No.29, South Anarkali, Gurudwara Gali, Delhi within the jurisdiction of PS Jagatpuri, the accused since convicted being uncle (Mausa) of the prosecutrix, repeatedly committed rape on the prosecutrix aged about 18 1/2 years against her will and consent and also threatened to kill her if she reported the incident to anyone and thus criminally intimidated her and committed offences punishable under Section 376(2)(f) and Section 376(2)(n) of the Indian Penal Code, 1860 read with Section 506 of the Indian Penal Code, 1860, to which charge of allegations, the accused/appellant herein had pleaded not guilty and claimed trial.