STATE vs PARVESH RANA & ANR.

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 30.10.2025 + CRL.A. 1149/2019 STATE .....Petitioner Through: Mr. Nawal Kishore Jha, APP for State. versus PARVESH RANA & ANR. .....Respondents Through: Mr. Neeraj Rana, Adv. for Mr. Parvesh Rana, Adv. For R-1. Mr. Ankur Sharma, Adv. For R-2. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (Oral) 1. The present appeal has been filed by the State under Section 377 of the Code of Criminal Procedure, 1973, assailing the Order on Sentence dated 10.07.2019, passed by the learned Additional Sessions Judge/Special Fast Track Court, North District, Rohini Courts, on the ground that the sentence meted out is inadequate. 2. We are told that convicted accused (respondents herein) have neither challenged their conviction nor sentence. 3. At present, thus, we are only concerned with the issue whether the sentence awarded to the respondents is adequate or not and whether the same needs to be enhanced. Signature Not Verified Digitally Signed CRL.A. 1149/2019 Page 1 of 4 By:PRATIBHA KUMARI Signing Date:01.11.2025 14:30:19 4. Learned APP, in all fairness, concedes to the fact that the present case is of simpliciter rape and not a case of ‘gang-rape’. 5. The offence took place on 19.03.2009. 6. As per section 376, prevalent at the relevant time, the sentence provided for said offence is as under: “376. Punishment for rape.- (1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of