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The bone age test of the prosecutrix was also got conducted. On 13.04.2010 accused Wazir surrendered in the court.

Upon completion of the necessary further investigation challan was prepared for the offences u/s 363/366/376 (2) (f) IPC against accused Wazir and Darshana and was sent to the Court for trial.

2. Since the offences u/s 366/376 (2) (f) IPC are 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.

I accordingly hold accused Wazir and Darshana guilty for the offences punishable u/s 363/366/34 IPC and accused Wazir is also hold guilty for the offence punishable U/s 376 (2) (f) IPC and convict them thereunder.

20. In view of above discussion, I am of the considered opinion that as far as the involvement of the accused Wazir and Darshana in the commission of the offences u/s 363/366/34 IPC and also that of accused Wazir in the commission of offence u/s 376 (2)(f) 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 the guilt home to the accused Wazir and Darshana beyond shadows of all reasonable doubts and there is no room for hypothesis, consistent with that of innocence of 46 of 53 PS Kanjhawala accused. I, therefore, hold accused Wazir and Darshana guilty for the offences punishable u/s 363/366/34 IPC, and accused Wazir is also hold guilty for the offence punishable u/s 376(2)(f) IPC and convict them thereunder. 

FIR No.             :  150/2009
Police Station      :  Kanjhawala 
Under Sections      :  U/S 376/363/366/34 IPC




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                                                                                                    PS Kanjhawala


ORDER ON SENTENCE :



1.           Vide     my     separate     detailed     judgment     dated     06.10.2012
accused Wazir and Smt. Darshana have been convicted for the offences punishable u/s 363/366/34 IPC and accused Wazir has also been convicted for the offence punishable u/s 376(2)(f) IPC.

9. Having regard to all the facts and circumstances of the case coupled with the submissions made on behalf of the convicts, I am of the considered opinion that the ends of justice can be met by sentencing convicts Smt. Darshana and Wazir to undergo Rigorous Imprisonment for a period of seven years each and to pay a fine of Rs. 2,000/­ each in default thereof to further undergo Rigorous Imprisonment for a period of one year each u/s 363/34 IPC. They (Convicts Smt. Darshana and Wazir) are further sentenced to undergo Rigorous Imprisonment for a period of seven years each and to pay a fine of Rs. 2,000/­ each in default thereof to further undergo Rigorous Imprisonment for a period of one year each u/s 366/34 IPC. Convict Wazir is further sentenced to undergo Rigorous 52 of 53 PS Kanjhawala Imprisonment for a period of ten years and to pay a fine of Rs. 6,000/­ in default thereof to further undergo Rigorous Imprisonment for a period of two years u/s 376 (2)(f) IPC. All the substantive sentences shall run concurrently. The period already undergone by the convicts Smt. Darshana and Wazir during the inquiry/investigation/trial of this case shall be set off under section 428 Cr.P.C.