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2006 Supreme(Del) 50

MANJU GOEL, MANMOHAN SARIN
RAKESH @ KAKE – Appellant
Versus
GOVT OF NCT OF DELHI – Respondent


MANMOHAN SARIN, J.

( 1 ) APPELLANT-RAKESH @ Kake by this appeal assails the impugned judgment dated 20th January, 2004 and order of sentence dated 29th January, 2004 The appellant was convicted for the offences under section 376 (2) (g) IPC, 452 IPC and 506 (2) IPC. Appellant was sentenced to life imprisonment and a fine of rs. 1000/-, in default of payment of fine, SI for three months for the offence under section 376 (2) (g) IPC. For the offence under section 452 IPC, appellant was sentenced to RI for three years and a fine of Rs. 500/- and in default, SI for one month. For the offence under section 506 (2) IPC, appellant was sentenced to three years RI and a fine of Rs. 500/- and in default of payment of fine, SI for one month. The above sentences are to run concurrently.

( 2 ) THE prosecution case, in brief, before the trial court was that the appellant carrying a screw driver along with his companion one Sunil, trespassed into the house of the prosecutrix-`r , at about 10 AM on 15th January, 1999. At that time, both her parents were away. Appellant using foul language told r an unmarried minor girl, that he wanted to have sex with her and upon her refusal, dragged her on the














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