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2017 Supreme(Del) 3524

S.MURALIDHAR, I.S.MEHTA
UMESH GIRI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Appellant : Mr. Aditya Vikram, Ms. Inderjeet Sidhu, Adv.
For the Respondent: Mr. Radhika Kolluru, APP.

JUDGMENT :

I.S. Mehta, J.

1. Before us are the appeals, i.e. CRL.A. 683/2017 & CRL.A. 814/2017, for setting aside the impugned judgment on conviction dated 07.06.2017 and order on sentence dated 09.06.2017 passed by the learned Additional Sessions Judge/SFTC-2, (Central), Tis Hazari Courts, Delhi in case No. 28971/2016 in FIR No.411/2016 under Section 376-D IPC registered at police station I.P. Estate, New Delhi wherein the appellants are convicted for the offence committed under Section 376-D IPC.

2. The brief facts placed before us, are that, on the basis of the information received vide DD. No. 5PPJPN, Ex-PW6/A, Sub-Inspector Manoj along with Constable Satish reached the spot near Mata Sundari College gate, and met the victim 'S' and the caller (Benami) of the DD. No. 5PPJPN. Consequently, after making the enquiry an FIR No. 411/2016 under Section 376-D IPC was registered at Police Station I.P. Estate. The accused Umesh Giri who was caught hold by the said caller, was handed over to SI Manoj at the spot and the victim 'S' also identified one of the rapist at the spot, i.e. Umesh Giri. A women Constable was called at the spot and the victim 'S' disclosed that two men committed rape










































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