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2018 Supreme(Del) 1142

S.P.GARG, C.HARI SHANKAR
Tejinder Singh @ Lucky Singh – Appellant
Versus
State of Delhi – Respondent


Advocates Appeared:
For the Appellant : Mr. Rahul Sahdev.
For the Respondent: Mr. Kewal Singh Ahuja.

JUDGMENT :

S.P. GARG, J.

1. Aggrieved by a judgment dated 04.01.2013 of learned Addl. Sessions Judge in Sessions Case No. 34/2012 arising out of FIR No. 32/2012 Police Station Shahbad Dairy by which the appellants-Tejinder Singh @ Lucky Singh (A-1) and Vikram Singh @ Vicky Singh (A-2) were convicted for committing offences punishable under Sections 376(2)(g)/506 IPC, they have preferred the aforesaid appeals. By an order dated 05.01.2013, A-1 was sentenced to undergo RI for ten years with fine Rs. 1 lac under Section 376(2)(g) IPC; RI for two years under Section 506 IPC; A-2 was sentenced to undergo Rigorous Imprisonment for life with fine Rs. 1 lac under Section 376(2)(g) IPC; RI for two years under Section 506 IPC. Both the sentences were to operate concurrently.

2. Briefly stated, the prosecution case as projected in the charge-sheet was that about 4 or 5 months before 28.01.2012 and on several other occasions at C-105/106, Sector-5, Bawana Industrial Area, Delhi, the appellants committed gang-rape upon the prosecutrix ‘X’ (assumed name) aged around 13 yearsand criminally intimidated her. On 28.01.2012, FIR was lodged at Police Station Shahbad Dairy on the statement (Ex.PW-10/A) of





































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