ORDER

1. The appellant herein, Tameezuddin, was convicted under Section 376 of the IPC by the Court of Sessions and sentenced to undergo R.I. for 84 months and a fine of Rs.14,000/-and in default of payment of fine to further undergo RI. for six months and under Section 506 (ii) of the IPC, to a sentence of 36 months and fine and in default of payment of fine, to undergo R.I. for one month, both the sentences were directed to run concurrently.

2. As per the prosecution story PW.1, the prosecutrix, and her husband, PW-2 Dinesh Mishra who was a rickshaw puller by profession, had come to Delhi along with her children two months prior to the occurrence. On 28th September, 1995, PW-1 & PW-2 had gone to the latter’s ex-employer, a factory owner DW.1 Mohd. Zaki, to recover some money that was due to him. When they reached the factory premises they found that DW-1 was not present but several other persons including the appellant, a shop keeper who was known to PW-2, were present. The appellant sent PW.2 out of the factory on the pretext of buying some meat and after some of the workmen who were present had left, he caught hold of the prosecutrix, took her to the first floor of the factory