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DELHI HIGH COURT
MANOJ KUMAR OHRI
Durgesh Pandey – Appellant
Versus
State – Respondent
JUDGMENT
Manoj Kumar Ohri, J. By way of the present proceedings, the appellant has challenged the judgment of conviction dated 22nd July, 2015 and order on sentence dated 28th July, 2015 passed by ASJ, Special FTC-2 (Central) in Sessions Case No.05/2015 arising out of FIR No.787/2014 registered under Sections 376/511/354 IPC at PS Timarpur. Vide above judgment, the appellant was convicted for the offences punishable under Sections 376(2)(j) and Section 376(2)(l) IPC and was awarded rigorous imprisonment for 10 years along with fine of Rs.5,000/- in default whereof he was directed to undergo simple imprisonment for two years.
2. The following facts were noted by the Trial Court in the impugned judgment:
"1. The case in hand was registered on a complaint (Ex. PW 2/A) of one Sh. Sudesh Rathi. The complainant is working as a driver in DTC. On 14.11.2014 at about 12:30 AM while he was returning to his house at Gopalpur on his motorcycle, on turning to main Outer Ring Road, he saw one boy lying on top of the girl near a footpath near Gopalpur and also found that girl was in nude condition while the pant of the boy was lowered below his knees.
2. Complainant, Sudesh Rathi made a call to
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