MAHENDRA @ MANISH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Mahendra (the appellant in Crl Appeal 388/2016) has, vide the impugned judgment, dated 24th February, 2016, passed by the learned Additional Sessions Judge (hereinafter referred to as "the learned ASJ"), been found guilty of having committed the offences contemplated by Sections 493, 495 and 375 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"), which cover "cohabitation, caused by a man deceitfully inducing a belief of lawful marriage", "the same offence with concealment of the former marriage from the person with whom the subsequent marriage is contracted", and "rape", respectively. Resultantly, the learned ASJ has convicted and punished Mahendra under Sections 376, 493 and 495 of the IPC and has, vide separate order on sentence, dated 26th February, 2016, sentenced Mahendra to suffer (i) for the offence punishable under Section 376, rigorous imprisonment for life with fine of Rs. 5 lakhs, and default simple imprisonment for 2 years, and (ii) for the offences punishable under Sections 493 and 495 of the IPC, to suffer rigorous imprisonment for 10 years and fine of Rs. 1 lakh, with default simple imprisonment for one year in each case. The sentences have been directed to run concurrently. Mahendra has been extended the benefit of Section 428 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C.").

(2.) Simultaneously, the impugned judgement acquits Vijeta @ Varsha (the respondent in Crl Appeal 1010/2017), who was charged, along with Mahendra, under Section 120-B read with Section 376 of the IPC, of the said charges.

(3.) Mahendra has, therefore, chosen to appeal against his conviction and sentence, whereas the State, and the prosecutrix 'M', have chosen to appeal against the acquittal of Vijeta.