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2013 Supreme(Del) 269

G.P.MITTAL
Sajid @ Salman – Appellant
Versus
State – Respondent


Advocates appeared:
For the Appellant:Joginder Tuli, Tarun Nanda, Ms. Ashu Sharma, Ms. Neha Bahal, Advocates.
For the Respondent: Ms. Jasbir Kaur, APP.

Judgment

G.P. Mittal, J.

1. This Appeal is directed against a judgment dated 03.11.2011 and an order on sentence dated 15.11.2011 passed by the learned Additional Sessions Judge (‘ASJ’) whereby the Appellant was held guilty for the offences punishable under Sections 376/506(II) of the Indian Penal Code (IPC) and was sentenced to undergo Rigorous Imprisonment for seven years with fine of Rs.2,500/- and in default of payment of fine to undergo Simple Imprisonment for six months under Section 376 IPC; and further to pay fine of Rs.500/- and in default of payment of fine to further undergo SI for one month under Section 506 Part II IPC.

2. The facts of the case can be extracted from Paras 1 and 2 of the impugned judgment hereunder:-

“1. Case of the prosecution is that FIR No.159/2008 was registered u/s 376/506 IPC on 16.4.2008 in PS Okhla Industrial Estate on the statement of the 16 year old prosecutrix (name withheld) that she is an illiterate girl. Sajid (accused) used to work as a Tailor in a factory in front of her house and he is her brother by a distant relationship. She became acquainted with him. About four months ago when her mother had gone to her village in Barrailly, She was a


























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