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Showing contexts for: s.366 ipc in State vs . 1. Dharmender @ Dhannu on 11 March, 2014Matching Fragments
3. Upon committal of the case to the Court of Session, after hearing of charge prima facie a case u/s 368/34 IPC and u/s 506/34 IPC against accused Dharmender @ Dhannu and Phoolwati and a case u/s 363/34 IPC, u/s 366/34 IPC and u/s 376(2)(f) IPC against accused Dharmender @ 5 of 104 PS - Uttam Nagar Dhannu, Lalit Rishi @ Rinku and Dinesh Kataria was made out. Charges were framed accordingly which were read over and explained to accused to which they pleaded not guilty and claimed trial.
35 of 104 PS - Uttam Nagar That the charge for the offences punishable u/s 363/34 IPC, U/s 366/34 IPC and U/s 376 (2)(f) IPC against accused Dharmender @ Dhannu, Lalit Rishi and Dinesh Kataria is that on 19.5.07 at 12.30 p.m. from a place in front of Spring Meadows Public School, Main Najafgarh Road within the jurisdiction of PS Uttam Nagar accused Dharmender @ Dhannu kidnapped Prosecutrix (name withheld) D/o Sh. Jagdish Kumar, aged about 15 years, a minor out of the keeping of her lawful guardian in pursuance to the common intention of them and that on the aforesaid date, time and place after kidnapping of prosecutrix, as aforesaid, she was taken to Cosmetics shop, Uttam Nagar (be read as Najafgarh), Delhi in order that she may be forced to illicit intercourse by them in furtherance of common intention of them and that on the aforesaid date, time and place after kidnapping prosecutrix aged 15 years, as aforesaid, they all committed rape with her in a group of persons acting in furtherance of their common intention.
I accordingly, acquit accused Dinesh Kataria and accused Lalit 62 of 104 PS - Uttam Nagar Rishi @ Rinku for the offences punishable u/s 363/34 IPC and u/s 366/34 IPC and u/s 376 (2)(f) IPC.
21. Now, let the remaining part of the testimony of PW1 - prosecutrix be perused and analysed.
I accordingly, hold accused Dharmender @ Dhannu and Phoolwati guilty for the offences punishable u/s 368/34 IPC and u/s 506/34 IPC. Accused Dharmender @ Dhannu is also hold guilty for the offences punishable u/s 363/366/376 IPC and convict them thereunder.
I accordingly, acquit accused Dinesh Kataria and Lalit Rishi @ Rinku for the offences punishable u/s 363/34 IPC, u/s 366/34 IPC and u/s 376(2)(f) IPC.
31. In view of above discussion, I am of the considered opinion that as far as the involvement of the accused Dharmender @ Dhannu and Phoolwati in commission of the offences punishable u/s 368/34 IPC and u/s 506/34 IPC and also that of accused Dharmender @ Dhannu in the commission of the offences punishable u/s 363/366/376 IPC is concerned, 102 of 104 PS - Uttam Nagar the same is sufficiently established by the cogent and reliable evidence and in the ultimate analysis, the prosecution has been able to bring the guilt home to the accused Dharmender @ Dhannu and Phoolwati beyond shadows of all reasonable doubts and there is no room for hypothesis, consistent with that of innocence of accused Dharmender @ Dhannu and Phoolwati. I therefore, hold accused Dharmender @ Dhannu and Phoolwati guilty for the offences punishable u/s 368/34 IPC and u/s 506/34 IPC. Accused Dharmender @ Dhannu is also hold guilty for the offences punishable u/s 363/366/376 IPC and convict them thereunder. As regards accused Dinesh Kataria and Lalit Rishi @ Rinku, I am of the considered opinion that prosecution has failed to prove its case beyond reasonable doubt against accused Dinesh Kataria and Lalit Rishi @ Rinku. They are given the benefit of doubt and are acquitted for the offences punishable u/s 363/34 IPC, u/s 366/34 IPC and u/s 376(2)(f) IPC. Accused Dinesh Kataria and Lalit Rishi @ Rinku are in JC. They be released forthwith, if not wanted in any other case. However, on their release accused Dinesh Kataria and Lalit Rishi @ Rinku shall appear in the Court and shall execute a bail bond in the sum of Rs. 25,000/ each u/s 437A Cr.P.C.