HASEEB Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal, inter alia, impugning a judgment dated 06.06.2016 passed by the Ld. ASJ Spl. FTC, Saket Courts, Delhi, whereby the appellant was convicted of the offences punishable under Sections 342/376/506 of the Indian Penal Code, 1860 (IPC). The appellant also impugns an order dated 08.06.2016, whereby the appellant was sentenced to six months of imprisonment and a fine of Rs. 1,000/- (in default of which he would have to undergo imprisonment for a period of one month) for the offence under Section 342 of the IPC; rigorous imprisonment for a period of seven years and a fine of Rs. 15,000/- (in default of which he would have to undergo imprisonment for a period of six months) for the offence under Section 376 of the IPC, and; rigorous imprisonment for a period of one year and a fine of Rs. 3,000/- (in default of which he would have to undergo imprisonment for a period of two months) for the offence under Section 506 of the IPC.

(2.) The impugned judgment was rendered in connection with a case arising from FIR No. 407/2015 under Sections 342/376/506 of the IPC, registered with P.S. Defence Colony on 09.10.2015. The said FIR was registered at the instance of the prosecutrix, who alleged that she worked as a cleaner at a boutique in the Defence Colony area and had been doing so for the past six years. She alleged that the appellant, who works as a tailor at the said boutique, had raped her on 03.10.2015 at about 10:00 a.m., while she was cleaning the premises. She alleged that the appellant came from behind her and pushed her to the floor, gagged her mouth and proceeded to rape her. Thereafter, he threatened to kill her should she report the same.

(3.) In order to bring home the conviction of the appellant, the prosecution examined eight witnesses. The Trial Court had evaluated the evidence available and had found the appellant guilty of the offences for which he was charged.