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2015 Supreme(Del) 1552

S.P.GARG
Vinod Kumar – Appellant
Versus
State (Government of NCT of Delhi) – Respondent


Advocate Appeared:
For the Appellant:Mr. Sumeet Verma and Mr. Amit Kala, Advocates.
For the Respondent: Ms. Fizani Husain, A.P.P.

JUDGMENT

S.P. GARG, J.

1. The instant appeal has been preferred by the appellant Vinod Kumar to impugn a judgment dated 12.03.2012 of learned Additional Sessions Judge in Sessions Case No. 02 of 2011 arising out of FIR No. 226 of 2010 registered at Police Station Ranhola by which he was held guilty for committing offence under Section 376/506 IPC. The appellant was sentenced to undergo RI for ten years with fine Rs. 2,000/- under Section 376 (2) (f) IPC and RI for one year with fine Rs. 1,000/- under Section 506 IPC. The sentences were to run concurrently.

2. Briefly stated the prosecution case as projected in the charge-sheet was that on 28.10.2010 at about 12.00 noon at House No. 68, Road No. 8, Sainik Enclave, Mohan Garden, Delhi, the appellant committed rape upon prosecutrix ‘X’ (assumed name) aged, 15/16 years and criminally intimidated her. Soon after the incident, ‘X’ apprised her mother about the incident. Police was informed and the Investigating Officer recorded victim’s statement (Ex.PW2/A); lodged FIR by making endorsement (Ex.PW-10/B) over it. ‘X’ was medically examined; she recorded her statement under Section 164 Cr. P.C. The accused was apprehended and medically exam











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