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DELHI HIGH COURT
G.P.MITTAL
Rakesh – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


JUDGMENT

G.P. Mittal, J. (Oral)

1. This Appeal is directed against a judgment dated 02.04.2009 and an order on sentence dated 29.04.2009 passed by the learned Additional Sessions Judge ("ASJ") in Sessions Case No.15/1/08 FIR No.642/2005 Police Station Ashok Vihar whereby the Appellant was held guilty for the offences punishable under Sections 342/376/506 IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for a period of six months and to pay a fine of Rs.1000/- or in default of payment of fine to undergo Simple Imprisonment (SI) for a period of 30 days for the offence punishable under Section 342 IPC; and RI for a period of one year and to pay fine of Rs.1,000/- or in default of payment of fine to undergo SI for 30 days for the offence punishable under Section 506 IPC. The Appellant was further sentenced to undergo RI for a period of seven years and to pay fine of Rs.10,000/- or in default of payment of fine to undergo SI for a period of six months for the offence punishable under Section 376 IPC.

2. The prosecution version can be extracted from Para 2 of the impugned judgment as under:

    "2. The facts as emerged from the case of the prosecution are that on 28.08.2005 at

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