ANU MALHOTRA, J.

1. The appellant/applicant Bhagwan Das @ Rahul @ Tunta s/o Sh. Girdhari Lal vide the present Criminal Appeal No. 977/2017 assails the impugned judgment dated 31.08.2017 and impugned order on sentence dated 13.09.2017 of the Court of the learned Additional Sessions Judge – Special Fast Track Court (South East), Saket Courts, New Delhi whereby the accused i.e. appellant herein, was convicted for the commission of the offence punishable under Section 376 of the Indian Penal Code, 1860 in relation to FIR No. 1107/14, registered at PS Kalkaji, under Sections 376/506 of the Indian Penal Code, 1860 and vide the impugned order on sentence, was sentenced to undergo Rigorous Imprisonment for a period of 7 years and to pay a fine of Rs.50,000/- and in default thereof to undergo Simple Imprisonment for a period of 6 months for the offence punishable under Section 376 of the Indian Penal Code, 1860 and was given the benefit of reduction of the period of detention already undergone under Section 428 of the Code of Criminal Procedure, 1973 with the direction that the fine after the expiry of the period of appeal be released to the prosecutrix and apart from the same appropriate compensation under Section 357A of the Code of Criminal Procedure, 1973 was also directed to be awarded to the prosecutrix by the Delhi Legal Services Authority, South District, New Delhi in terms of Section 357A(1) of the Code of Criminal Procedure, 1973.

2. The accused i.e. appellant herein is in custody and was produced on 18.04.2018 from the Tihar Jail. As per the nominal roll dated 10.03.2018 received from the Superintendent, Central Jail No. 3, Tihar, New Delhi, the accused i.e. appellant herein as on the said date had undergone 1 year and 7 days of incarceration having earned 25 days of remission.

3. Arguments were addressed on behalf of the accused i.e. the appellant herein by counsel Mr. Naveen Chandra and on behalf of the State by the learned APP for State Mr. Raghuvinder Varma assisted by the Investigating Officer from PS Kalkaji.

PROSECUTION VERSION

4. The facts as put forth in the FIR as detailed in the impugned judgment are to the effect that the prosecutrix had been living in the jhuggi at Giri Nagar, Govindpuri for about two weeks prior to the date of the registration of the FIR i.e. 26.11.2014 along with her two daughters since her husband Sonu was in jail and that earlier, they used to live near Bhairon mandir and she used to run her livelihood by running a shop near Bhairon mandir every Saturday. Rahul @ Tunta, i.e., the appellant herein used to live near the Aggarwal Dharamshala, Kalkaji. He knew her husband for a long time. He had asked her why her husband was in jail. He told her that he would get her husband released from the jail on bail. On 20.11.2014 morning, he came to her at the Shamshan Ghat and asked her to go with him to the Saket Court. There, she came to know that her husband did not have a date on that day.

5. Rahul @ Tunta thereafter, asked her to accompany him to meet an Advocate and took her to a vacant flat behind Apollo hospital i.e., room no.8 of which he had a key and opened the room and took her inside. Although, she refused but he told her that they would wait for the advocate there. He told her that he would get her husband released on bail. He then committed sexual intercourse with her against her wishes. He threatened her that he had strong links and he would get her husband killed in the jail. He then asked her not to tell the same to anyone and dropped her near the Bhairon mandir. He again asked her to accompany him on 24.11.2014, when her husband Sonu would be produced in the Court. Due to fear, she did not tell about this to anyone. On 24.11.2014, he came to her and started taking her to the Court after giving her threats and started making attempts to take her to Apollo again but she realized his intention and got down at Modi Mill. She was afraid of him. She then mustered courage and went to the