MAHINDER Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present proceedings are instituted challenging the judgment of conviction dated 19.12.2014, passed by ASJ-01(West), Tis Hazari Courts, Delhi arising out of SC No.28/13 in FIR No.84/10 registered under Sections 363/368/342/376 (G) IPC at P.S. Hari Nagar, Delhi whereby the appellants were convicted for an offence punishable under Section 376 (2) (g) IPC and vide order on sentence dated 22.12.2014, the appellants were directed to undergo RI for ten years each with a fine of Rs.5,000/- each, in default of which, the appellants were directed to undergo SI for a further period of fifteen days. The benefit of Section 428 Cr.P.C. was granted to the appellants.

(2.) The facts of the prosecution, as noted by the trial court, are:

(3.) During the trial, the prosecution examined a total of 17 witnesses. The prosecutrix was examined as PW-1. Dr. Rishi and Dr. Yogendra Nath Maurya were examined as PW-3 and PW-6 respectively to prove the MLC of the prosecutrix. Dr. Ajay Sharma (PW-9) proved the MLC of the accused Mahinder and Vinay Mishra. Dr. Sushma Setia (PW-2), Principal from Sarvodaya Vidhayala, Hari Nagar proved the age of the prosecutrix on the basis of the school records. Mr. Manish Pandey, father of the prosecutrix was examined as PW-16.