MOHAMMAD LADDU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant after having been found guilty under Sections 366 and 376, I.P.C. was convicted and sentenced to undergo following imprisonment :-

(2.) He initially filed appeal through jail. He appeared in Court on 22-3- 2002 and made a prayer that he may be provided a defence counsel on Government/State expense. He made a prayer to engage Shri Anup Chitkara, Advocate to conduct his appeal. This prayer of the appellant was allowed and Shri Anup Chitkara was appointed as legal aid counsel.

(3.) Brief facts giving rise to this appeal are that the appellant along with another accused Mohammad Zakir was challaned for having committed offences under Sections 366, 376, 363, 109 read with Section 34, IPC. Case as set up by the prosecution was that on 18-11-2000, appellant kidnapped the prosecutrix (PW5), Ms. Bholu Devi from the custody of her parents without their consent. Thereafter against the wishes of PW 5, she was taken to Bunga Sahib, Ludhiana and Delhi. While she was with the appellant, against her wish, appellant committed forcible sexual intercourse. This act was committed by the appellant alone.