CRL.A.441/2011 Page 1 of 11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON : 21^st January, 2013

DECIDED ON : 14^th February, 2013

+

CRL.A. 441/2011 & CRL.M.B.773/2012

MEGH NATH KUMAR

....Appellant

Through :

Mr.S.K.Sethi, Advocate

Versus

THE STATE (GNCT OF DELHI)

….Respondent

Through :

Ms.Fizani Husain, APP.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J.

1.

The appellant-Megh Nath Kumar impugns his conviction and

sentence in Sessions Case No.37/2008 arising out of FIR No.90/2007

Police Station S.P.Badli by which he was held guilty under Section

342/376 (2) (f) IPC and sentenced to undergo RI for one year under

Section 342 IPC and RI for ten years with fine ` 5,000/- under Section

376 (2) (f) IPC.

2.

Daily Diary (DD) No.82B was recorded at PS S.P.Badli on

25.01.2007 at about 08.35 P.M. on getting information that at Rajeev

Nagar, Gali No.4 near Kabir Mandir a boy had attempted to sexually

assault (galat kaam) a girl aged 5 or 6 years. The investigation was

2013:DHC:789

CRL.A.441/2011