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2017 Supreme(Del) 1692

MUKTA GUPTA
CHETAN KHANNA – Appellant
Versus
‘C’ – Respondent


Advocates Appeared:
For the Appellant : Mr. S.B. Dandapani
For the Respondents: Ms. Rajni Gupta

JUDGMENT :

1. Convicted for offences punishable under Section 376/417 and 495 IPC Chetan Khanna challenges the impugned judgment dated 13th August, 2013 and the order on sentence dated 17th August, 2013 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/- for offence punishable under Section 495 IPC, rigorous imprisonment for a period of seven years and to pay a fine of Rs.15,000/- for offence punishable under Section 376 IPC and rigorous imprisonment for a period of one year for the offence punishable under Section 417 IPC.

2. Assailing the conviction, learned counsel for Chetan Khanna submits that there are glaring contradictions in the testimony and complaint of the Prosecutrix. She stated in the complaint that she got to know about the factum of prior marriage of Chetan Khanna through the photocopy of his ration card, however, the ration card Ex.PW1/B finds no mention about his family. The marriage certificate has not been proved, thus the appellant cannot be convicted for the offences as done by the learned Trial Court. Version of the prosecutrix that the landlord asked for ID proof is not supported by PW-3 the landlord.

3. Th












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