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2017 Supreme(Del) 3001

PRATIBHA RANI
Rakesh Kumar – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :Mr. Harsh Prabhakar, Advocate (DHCLSC) with Mr. Anirudh Tanwar, Advocate
For the Respondent: Ms. Kusum Dhalla, APP with SI Pradeep Kumar, PS Model Town

JUDGMENT :

1. The appellant is aggrieved by his conviction for committing offence under Section 363 IPC & 6 POCSO Act, in the alternative under Section 376(2)(i) IPC and the order on sentence dated 9th December, 2016 whereby he has been sentenced as under:

(1)

U/S 363 IPC

to undergo RI for 5 years with fine of Rs.5,000/- and in default of payment of fine, to undergo SI for 30 days.

(2)

U/S 6 POCSO Act

to undergo RI for 10 years with fine of Rs.5,000/- and in default of payment of fine, to undergo SI for 30 days.

No separate sentence was awarded to him for the offence punishable under Section 376(2)(i) IPC and all the sentences were ordered to run concurrently.

2. Criminal law was set into motion on receipt of DD No.21 dated 29th December, 2013 recorded at Police Station Model Town at 3:13 PM. As per this DD the wireless operator, control room, North Delhi informed through wireless set that a girl aged about five years has been raped at old Gupta Colony (House No. withheld), Model Town, Near Vijay Nagar. Police reached the spot but the child victim h








































































































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