IMRAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21st march 2002 passed by the learned Additional Sessions Judge (ASJ), Delhi in Sessions Case No. 3/2001 arising out of the FIR no. 138/2000 registered at P. S. Chandi mahal holding the appellant guilty of the offence under Sections 367/377/506/342/34 ipc. It is also directed against the order on sentence dated 1st April 2002 passed by the learned ASJ, sentencing the appellant and the co-accused to RI for a period of three years with a fine of Rs. 1,000 or in default si for two months under Section 367/34 IPC; further to RI for five years with a fine of Rs. 5,000 and in default SI for three months under Section 377/34 IPC; RI for one year with a fine of Rs. 500 and in default SI for one month for the offence under Section 342/ 34 IPC, for two years RI and with a fine of rs. 1,000 and in default SI for two months for the offence under Section 506/34 IPC. All the sentences were directed to run concurrently.

(2.) ACCORDING to the prosecution, the FIR was registered at the instance of the complainant on 24th August 2000 he along with two friends Bunty and Merathiya had gone to watch the night show of the film at Delite cinema. While returning at around 11. 15 p. m. , Merathiya left for his residence. The complainant went to Ganj Meer Khan in order to leave Bunty his cousin at his residence. At around 12 midnight when the complainant was returning to his house and reached the corner of Fasil Road, Rakab ganj, the appellant Imran and other accused Gulfam @ Ghore accosted him. It is alleged that both were in a drunken state. The accused and the complainant knew each other obviously. The allegation was that the appellant placed a knife on the neck of the complainant and asked him not to raise a noise. Both the accused took the complainant inside Rakab Ganj to a place in front of house. They then made him to lie on his stomach and first Imran committed sodomy on the complainant and this was followed by the co-accused also committing sodomy on him. The complainant returned to his house and narrated the incident to his father. Thereafter he went to the police along with his father to lodge a report and the FIR was registered on that basis. The appellant was arrested on 28th August 2000, four days after the incident.

(3.) SEVEN PWs were examined by the prosecution. The defence examined R. K. Mehrotra working as Manager with Delite cinema.