JUDGMENT

G.P. Mittal, J. (Oral)

1. This Appeal is directed against a judgment dated 27.05.2009 and an order on sentence dated 29.05.2009 passed by the learned Additional Sessions Judge("ASJ") in Sessions Case No.47/2007 FIR No.258/2007 registered at P.S. Model Town whereby the Appellant was held guilty for the offences punishable under Sections 376/363 IPC. He was sentenced to undergo RI for 05 years and to pay a fine of Rs.500/- or in default to undergo RI for 06 months for the offence punishable under Section 376 IPC; he was further sentenced to undergo RI for 03 years and to pay a fine of Rs.100/- or in default to undergo RI for one month for the offence punishable under Section 363 IPC.

2. The prosecution version, in brief, can be noted from paras 1 to 4 of the impugned judgment as under:

"1. On 12.04.07 SI Rajesh, Ct. Sandeep and Ct. Randhir of P.S. Model Town were patrolling the area and were present in Lal Bagh. The prosecutrix Mamta (PW1) with her mother Kamla (PW2) met SI. The accused Tribhuwan was handed over to SI and SI recorded the statement of prosecutrix.

2. The prosecutrix stated before SI that on 12.04.07 at about 6:30 p.m she was present at her house. Because