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2018 Supreme(Del) 385

S.P.GARG, C.HARI SHANKAR
Rameez @ Ramish Ahmed – Appellant
Versus
State NCT of Delhi – Respondent


Advocates Appeared:
For the Appellant : Mr. Anurag Jain, Ms. Ayushi Sharma
For the Respondents: Mr. Rajat Katyal

JUDGMENT :

S.P. GARG, J.

1. Aggrieved by a judgment dated 03.12.2014 of learned Addl. Sessions Judge in Sessions Case No. 207/2013 arising out of FIR No. 22/2009 under Sections 376/506/323 IPC and Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (in short ‘SC/ST Act’) PS Baniyadher whereby the appellant – Rameez @ Ramish Ahmed was held guilty for committing offences punishable under Sections 376/323/506 IPC and 3(2)(v) of the SC/ST Act, the instant appeal has been preferred by him to challenge its legality and correctness. By an order dated 09.12.2014, the appellant was sentenced to undergo RI for life with fine Rs. 50,000/- for the offence under Section 376 IPC read with Section 3(2)(v) of the SC/ST Act; RI for one year with fine Rs. 5,000/- under Section 506 IPC and RI for six months with fine Rs. 5,000/- under Section 323 IPC. The sentences were to operate concurrently.

2. Shorn of details, the prosecution case as set up in the charge-sheet was that on 24.04.2009 the prosecutrix ‘X’ (changed name) aged around 10 years was present at their mango orchard at village Naroli to look after it in the absence of her parents who had gone to see her ‘mausi’ suf






























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