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DELHI HIGH COURT
SUNITA GUPTA
Rohit Tiwari – Appellant
Versus
State – Respondent


JUDGMENT

Sunita Gupta, J. Challenge in this appeal is to a judgment dated 12.08.2015 of learned Addl. Sessions Judge, Delhi in Sessions Case No. 36/15 arising out of FIR No. 112/14 PS Palam Village by which the appellant Rohit Tiwari was convicted for committing offence under Section 376 IPC. By an order dated 20.08.2015, he was sentenced to undergo RI for ten years with fine of Rs.1.5 Lacs in default to undergo simple imprisonment for one year.

2. Briefly stated, the prosecution case as set up in the charge-sheet was that from August 2013 to November 2013, the appellant committed rape upon 'X' (assumed name) on the pretext of marrying her. Written complaint (Ex.PW-6/A) lodged by 'X' dated 14.12.2013 formed the basis of First Information Report registered on 09.03.2014. 'X' was medically examined; her statement under Section 164 Cr.P.C. was recorded. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the appellant for commission of offences under Sections 376/420/406IPC. The prosecution examined eight witnesses to substantiate its case. In his statement recorded u/s 313 Cr.P.C., the appellant de

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