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2017 Supreme(Del) 2610

PRATIBHA RANI
SANTOSH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Appellant : Mr. M.L. Yadav
For the Respondents: Ms. Kusum Dhalla, Neeraj

JUDGMENT :

1. The appellant has filed this criminal appeal under Section 374 CrPC assailing the judgment and order on sentence dated 6th December, 2016 and 21st December, 2016 respectively whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for seven year with fine of Rs. 30,000/- and in default of payment of fine, to undergo RI for one-and-a-half year.

2. In brief, the case of prosecution is that on 16th September, 2013 at about 6.50 am, DD No.12-A was recorded at PS South Rohini about a wireless message being received that the Contractor (thekedar) had done ‘galat kaam’ during night time with the wife of the informant. The DD was assigned to SI Ravi for necessary action. SI Ravi reached the spot and inquired about the incident. Thereafter he apprised the SHO who sent W/SI Khushboo alongwith W/Ct.Mukesh to the spot. W/SI Khushboo recorded the statement of prosecutrix/complainant ‘G’ (name withheld to conceal her identity) and sent the rukka for registration of FIR. Crime team was also called at the spot and prosecutrix was sent to Baba Saheb Ambedkar hospital for medical examination.

3. On the basis of the statement Ex

























































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