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2015 Supreme(Del) 4437

S.P.GARG
Raghuvinder Harna – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
For the Petitioner:Mr. K.K. Sud, Sr. Advocate with Mr. Subhash Chandra Sagar, Advocate.
For the State : Mr. Navin K. Jha, APP.
For the Respondent Nos. 2 & 3:Mr.Gaurav Kumar Singh, Advocate.

JUDGMENT :

S.P. Garg, J.:-

1. Aggrieved by a judgment dated 03.08.2011 of learned Additional Sessions Judge in Sessions Case No. 1126/2010 emanating from FIR No. 357/09 registered at Police Station Shalimar Bagh by which the appellant Raghuvinder Harna was convicted under Section 376 IPC, the instant appeal has been preferred by him. By an order dated 24.08.2011, he was sentenced to undergo Rigorous Imprisonment for seven years with fine Rs. 1,00,000.

2. Briefly stated the prosecution case as reflected in the charge-sheet was that on 13.11.2009 at around 9.30 a.m. at House No. 550, C&D Block, Shalimar Bagh, Delhi, the appellant committed rape upon the prosecutrix ‘X’ (assumed name), aged around 41 years and criminally intimidated her. Information about the incident was conveyed to the police on 06.12.2009. The Investigating Officer after recording victim’s statement (Ex. PW-5/A) lodged First Information Report on 07.12.2009. ‘X’ was medically examined; she recorded her 164 Cr.P.C. statement. Statements of witnesses conversant with the facts were recorded. The accused was arrested and taken for medical examination. Exhibits collected during investigation were sent to Forensic Science L


















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