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2015 Supreme(Del) 1650

S.P.GARG
STATE – Appellant
Versus
BRIJESH KUMAR – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Navin K. Jha, APP.
For the Respondents: None.

JUDGMENT :

S.P.GARG, J.

1. State has preferred the instant appeal under Section 377 of Code of Criminal Procedure for enhancement of sentence awarded to the respondent in Sessions Case No.95/2009 arising out of FIR No. 1059/2006 under Sections 363/368/376/506 IPC PS Nangloi. It is pertinent to note that the respondent was convicted by a judgment dated 27.01.2010 of the learned Addl. Sessions Judge under Sections 363/366/376 IPC and vide order dated 04.02.2010 he was awarded various prison terms with fine. Under Section 376 IPC, the respondent was sentenced to undergo RI for three years with fine Rs. 3,000/-. Appellant’s contention is that in the absence of adequate and sufficient reasons the Trial Court committed grave error in awarding sentence less than seven years as prescribed under Section 376 IPC. The appeal is contested by the respondent.

2. I have heard the learned Addl. Public Prosecutor for the State and have examined the file. On perusal of the statement of the prosecutrix ‘X’ (assumed name) and other relevant witnesses, it transpires that it was a case of elopement with consent. Daily Diary (DD) No.12A (Ex.PW-3/A) was recorded at PS Nangloi when victim’s father reported th






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