SAURABH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The two appellants before this court have been described as residents of jhuggies (hutments) located in the compound of office of Delhi Jal Board in the locality called Kishangarh in Vasant Kunj area of New Delhi. They were concededly arrested on 20.03.2017 during the course of investigation into first information report (FIR) No.124/2017, dated 19.03.2017 of Police Station Vasant Kunj (North). They were brought to trial in the court of Additional Sessions Judge (ASJ) in Sessions case No.175/2017 on the basis of report (charge sheet) dated 03.05.2017 under section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted by the Station House Officer of the Police Station through Assistant Commissioner of Police of the sub-division.

(2.) The trial was held on the charge for offences punishable under section 366 read with section 34 of Indian Penal Code, 1860 (IPC), sections 376(2)(l), 376-D IPC and 323/506 read with section 34 IPC. The ASJ presiding over the trial, by her judgment dated 14.02.2019, found the appellants guilty on charge for offences under sections 323/366 read with section 34 IPC and also under sections 376(2)(l) and 376-D IPC, they having been acquitted on the charge under section 506 IPC.

(3.) By order dated 22.02.2019, the trial court awarded rigorous imprisonment for twenty years with fine of Rs.10,000/- under section 376-D IPC, rigorous imprisonment for ten years with fine of Rs.10,000/- under section 376(2)(l) IPC, rigorous imprisonment for seven years with fine of Rs.5,000/- under section 366 IPC and rigorous imprisonment for six months with fine of Rs.1,000/- for offence under section 323 IPC to each of these convicts. The trial court further specified the default sentences in the event of non-payment of fine adding that the entire amount of fine would be payable as compensation to the prosecutrix (the victim), also recommending appropriate compensation to be awarded by the concerned Legal Services Authority under Delhi Victim Compensation Scheme, 2015.