S.P.GARG
Jagmohan @ Jagga – Appellant
Versus
State of Delhi – Respondent
S.P. Garg, J.
1. The appellant-Jagmohan @ Jagga questions the legality and correctness of a judgment dated 11.08.2010 in Sessions Case No.83/09 arising out of FIR No.112/09 registered at Police Station Khyala by which he was convicted under Section 367/377/307 IPC. By an order dated 27.08.2010, he was sentenced to undergo RI for six years with fine Rs.20,000/- each under Sections 367/377 IPC; and RI for ten years with fine Rs.50,000/- under Section 307 IPC. The sentences were to operate concurrently.
2. Briefly stated, the prosecution case, as reflected in the charge-sheet, was that on 19.05.2009 at about 10:00 pm at Gali No.1, Vishnu Garden, Delhi, the appellant kidnapped Chaman, aged 12 years, and committed carnal intercourse behind the bushes situated on the road leading towards Paschim Vihar. He also inflicted injuries to the victim in an attempt to murder him. Daily Dairy (DD) No.4A (Ex.PW-8/A) was recorded at Police Station Khayala at 12:15 (night) on getting information about a quarrel at RZ-T-156, Vishnu Garden. The investigation was assigned to SI Narayan Singh. At 12:40 (night) DD No.5A was recorded to the effect that Chaman has been admitted in DDU hospital in a
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