JUDGMENT

Chandra Dhari Singh, J. - The instant criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') has been filed on behalf of the appellant against the impugned judgment and order dated 9th January, 2007 and 15th January, 2007 passed by learned additional Sessions Judge, Delhi, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 5000/- in default, rigorous imprisonment for three months under Section 366 of the Indian Penal Code, 1860 (hereinafter 'IPC'), rigorous imprisonment for two years and a fine of Rs. 5000/- in default, rigorous imprisonment for three months under Section 506 of IPC. all the sentences to run concurrently.

Brief Facts

2. The brief facts as per the prosecution case is that on 25th September, 1998, the daughter of the complainant aged about 15 years left the house for purchasing fruits and vegetables but she did not return home. a missing report was lodged vide DD No. 43B on 26th September, 1998. On 28th September, 1998, an FIR was registered on the basis of the said complaint. The victim was recovered from Village Behat, District Gwalior, Madhya Pradesh on 25th November, 1998. On the statement of the prosecutrix, the accused Keshav was arrested by the Police. The statement of prosecutrix was recorded, wherein she stated that on 25th September, 1998, when she had gone to purchase fruits and vegetables, accused Jasbir met her and told her that her friend Sharda had called her at the bus stand of route no. 817. She refused but when Jasbir insisted, she accompanied him. On reaching the bus stand of route no. 817, she found that her friend Sharda was not there but accused anand Singh and Keshav were present. She was threatened and was taken to a room, where Keshav kept her. She was regularly threatened and raped by co-accused Keshav against her wishes.

3. after completion of investigation, chargesheet was filed against the accused persons, including the present appellant. after complying with the provisions of Section 207 of the Cr. P.C., learned Metropolitan Magistrate committed the case to the Sessions Court for trial. all the accused persons were charged for the offence punishable under Section 366 read with Section 34 of IPC and Section 506 read with Section 34 of IPC and accused Keshav was also charged for the offence punishable under Section 376 of IPC. The accused persons pleaded not guilty and claimed trial.

4. To bring home the guilt of the accused persons, the prosecution examined 14 witnesses. PW-1 Head Constable Ishwar Singh, PW-2 Lady Constable Urshla, PW-3 the prosecutrix, PW-4 Sh. Moti Ram, complainant (father of the prosecutrix), PW-5 Head Constable amarjeet, PW-6 Constable Praveen, PW-7 Head Constable Sant Ram, PW-8 SI Narayan Singh, PW-9 Constable Heera Lal, PW-10 SI Suresh Chand, PW-11 aSI Yashpal, PW-12 Dr. Preeti Singh, PW-13 Dr. Vineet Kumar and PW-14 Sh. Praveen Kumar. after completion of the prosecution witnesses, statement of accused persons were recorded under Section 313 of Cr. P.C. wherein they denied all the allegations and stated that they have been falsely implicated. The appellant Jasbir Singh had also stated that he was innocent and he did not know the prosecutrix, friend of the prosecutrix, Sharda, or the complainant, Moti Ram. The appellant prayed to lead defence evidence, but no defence evidence was examined by him.

5. after completion of the trial, learned additional Sessions Judge, Delhi in Sessions Case No. 76/2002, convicted the present appellant for the offence punishable under Section 366 read with Section 34 of IPC and for offence punishable under Section 506 read with Section 34 of IPC. He was sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 5000/- in default, rigorous imprisonment for three months, rigorous imprisonment for two years and a fine of Rs. 5000/- in default, rigorous imprisonment for three months respectively. all the sent