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Upon completion of necessary further investigation challan was prepared for the offences u/s 323/363/366/376/377/342/511 IPC against accused Vijay @ Ajay and was sent to the Court for trial.

2. Since the offence u/s 376/511 IPC is exclusively triable by the Court of Session, therefore, after compliance of the provisions of Section 207 Cr.P.C, the case was committed to the Court of Session u/s 209 Cr.P.C.

3. Upon committal of the case to the Court of Session, after 4 of 55 PS ­ Sultanpuri hearing on charge prima facie a case u/s 363/366 IPC, u/s 342/323/376/511 IPC r/w section 377/511 IPC against accused Vijay @ Ajay was made out. Charge was framed accordingly which was read over and explained to accused to which he pleaded not guilty and claimed trial.

I accordingly, hold accused Vijay @ Ajay guilty for the offences punishable u/s 363/366/342/323 IPC, u/s 376/511 IPC and u/s 377/511 IPC and convict him thereunder.

28. In view of above discussion, I am of the considered opinion that as far as the involvement of the accused Vijay @ Ajay in the commission of the offences u/s 363/366/342/323 IPC, u/s 376/511 IPC and u/s 377/511 IPC is concerned, the same is sufficiently established by the cogent and reliable evidence and in the ultimate analysis, the prosecution has been able to bring 48 of 55 PS ­ Sultanpuri the guilt home to the accused Vijay @ Ajay beyond Shadows of all reasonable doubts and there is no room for hypothesis, consistent with that of innocence of accused. I, therefore, hold accused Vijay @ Ajay guilty for the offences punishable u/s 363/366/342/323 IPC, u/s 376/511 IPC and u/s 377/511 IPC and convict him thereunder.

1. Vide my separate detailed judgment dated 15/12/2012 accused Vijay @ Ajay has been convicted for the offences punishable u/s 363/366/342/323 IPC, U/s 376/511 IPC and U/s 377/511 IPC.

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2. Sh. Bhupesh Saini, Ld. Counsel for convict submitted that convict Vijay @ Ajay is 23 years of age and is unmarried and is the youngest in the family and was working as a Sweeper in a factory. He further submitted that his mother had expired during the course of trial and his father is aged about 57 years and is a Heart patient and is under treatment and required constant care and attention. He further submitted that the convict is having two brothers, the elder brother is living separately from the family and his other brother is suffering from 75% eyes disability. He is having two sisters and both have already been married. He further submitted that he is running in JC since 03/03/2010 and is not involved in any other case and is the victim of circumstances and is having clean antecedents and his conduct during the course of the trial was very co­operative and prayed for leniency.

8. Having regard to all the facts and circumstances of the case coupled with the submissions made on behalf of the convict, I am of the considered opinion that the ends of justice can be met by sentencing convict Vijay @ Ajay to undergo Rigorous Imprisonment for a period of seven years and to pay a fine of Rs. 4,000/­ in default thereof to further undergo Rigorous Imprisonment for a period of six months u/s 363 IPC. He is further sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs. 5,000/­ in default thereof to further undergo Rigorous Imprisonment for a period of one year u/s 366 IPC. He is further sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs. 1,000/­ in default thereof to further undergo Rigorous Imprisonment for a period of three months u/s 342 IPC. He is further sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs. 1,000/­ in default thereof to further undergo Rigorous Imprisonment for a period of three months u/s 323 IPC. He is further sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.