NAIM AHAMED Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Leave granted.

(2.) The appeal filed by the appellant-accused is directed against the judgment and order dtd. 30/9/2016 passed by the High Court of Delhi in Criminal Appeal No.46/2016, whereby the High Court while disposing of the appeal has modified the judgment and order dtd. 27/11/2015 passed by the Additional Sessions Judge, Special Fast Track Court, Dwarka Courts, New Delhi (hereinafter referred to as the Sessions Court) in Sessions Case No. 67/2015.

(3.) The Sessions Court while holding the appellant-accused guilty for the offence under Sec. 376 of IPC had sentenced him to undergo rigorous imprisonment for a period of 10 years and pay fine of Rs.50,000.00, in default thereof to suffer further imprisonment for a period of one year. The Sessions Court had also directed the appellant to pay compensation of Rs.5,00,000.00 to the prosecutrix to enable her to maintain herself as well as the minor child. The High Court in the appeal filed by the appellant, modified the order of sentence passed by the Sessions Court, by reducing the substantive sentence to 7 years with fine of Rs.5,000.00 and confirmed the direction with regard to the payment of compensation to the prosecutrix. It is stated that the appellant has paid the amount of compensation of Rs.5,00,000.00 to the prosecutrix as directed by the High Court.