DEEPU KUMAR vs STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 29th May, 2025 Pronounced on: 28th August, 2025 + CRL.A. 383/2009 DEEPU KUMAR .....Appellant Through: Mr. Sachin Dev Sharma and Mr. Vishnu Dutt Sharma, Adv. Appellant in person. versus STATE .....Respondent Through: Mr. Aman Usman, APP for the State with SI Ankit Maan, P.S. Subhash Place. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is an appeal under Section 374(2) Cr.P.C. for setting aside the judgment dated 31.03.2009 and order on sentence dated 04.04.2009 in SC No. 71/2008, arising out of FIR No. 344/2005, under Sections 363/376 IPC, PS Saraswati Vihar. After examination of witnesses and completion of trial, the trial court was pleased to hold the appellant guilty of offences under Sections 363/376 IPC and vide order on sentence dated 04.04.2009, the appellant was sentenced to 7 CRL.A.383/2009 Page 1 of 15 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:28.08.2025 19:14:07 years Rigorous Imprisonment [“RI”] with fine of Rs. 2000/- under Section 363 IPC, in default, 6 months RI. He has been further sentenced to undergo RI for 7 years with fine of Rs. 5000/-, and in default, 1 year RI under Section 376 IPC. 2. The brief facts of the case are that on 12.04.2005, father of the prosecutrix, came at Police Chowki and made a complaint that his minor daughter, aged about 14 years and 8 months, has been missing since the night of 09/10.04.2005. He suspected that his tenant Deepu, who was also missing, has enticed away his daughter. Upon such complaint, FIR was registered under Section 363 IPC. The Missing Persons Squad was informed and wireless message also flashed. 3. On 29.04.2005, on the basis of an information received from a secret informer, prosecutri