NARAIN Vs. STATE

JUDGEMENT

(1.) The appellant has come up with the present appeal sent from jail against his' conviction and sentences under sections 363, -363 and 376 of the Indian Penal Code recorded vide judgment dated 4th May, 1987 passed by Shri V.S. Aggarwal, Addl. Sessions Judge, Delhi. By separate order recorded the same day, the accused was awarded sentence of R.I. for 10 years and fine of Rs 50.00 and R 1. for one month in default for the offence under section 376 IPC; sentence of R.I. for three years and fine of R.S. 50.00 and in default R.I. for one month for the offence punishable under section 366 Indian Penal Code and sentence of R. 1. for three years and fine of Rs. 50.00 for the offence punishable under section 363 of the IPC: the imprisonment for default of payment of fine being here also one month. The substantive sentences have been ordered to run concurrently.

(2.) The plea of the appellant is that he has been falsely implicated in the case and that the trial court erred in appreciating the discrepancies in the case and believing the prosecution evidence in toto.

(3.) The appeal having been sent from jail, Mrs. Usha Kumar. Advocate was appointed amicus curiae for the appellant. On the appeal being taken up today for hearing, she has appeared and assisted the court. Mr. B.T. Singh, Advocate, is representing the respondent (State).