Deepak v. State
Case brief
What is this about?
Appeal against conviction under Sections 366/376 IPC for rape of a minor. Court upheld conviction, relying on prosecutrix's corroborated testimony and school-record age proof, but reduced the seven-year imprisonment to four years citing mitigating circumstances.
What did the court decide?
Sentence under S.376 IPC reduced from 7 years' RI to 4 years' RI; fine and S.366 sentence unchanged; surrender ordered within 7 days.
What the court decided
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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 31st October, 2025 Date of Decision: 07th November, 2025
- CRL.A. 274/2008 DEEPAK .....Appellant Through: Mr. Naveen Singh Negi, Advocate. versus STATE .....Respondent Through: Mr. Satinder Singh Bawa, APP for the State along with SI Ekta, PS Mangol puri.
CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT
RAJNEESH KUMAR GUPTA, J.
- The present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C” ) is filed against judgment of conviction dated 25th January, 2008 (hereinafter referred to as the “impugned judgment” ) and against order on sentence dated 01st February, 2008 (hereinafter referred to as the “impugned order on sentence” ) passed by the learned ASJ, Rohini Courts, Delhi (hereinafter referred to as the “Trial Court” ) in Sessions Case bearing no. 15/2006 arising out of the FIR bearing no. 284/2004, titled “State V Deepak” , registered at P.S. Sultanpuri, Delhi. The appellant vide the impugned judgement was held guilty for committing the offences punishable under Sections 366/376 of the Indian Penal Code,
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CRL.A. 274/2008
Issues for consideration
3 issues framed by the court
Whether the prosecutrix was below 16 years of age on the date of the offence.
Whether the delay of three days in lodging the FIR undermines the prosecution case.
Whether the conviction and sentence should be upheld or modified.
Parties & counsel
- appellant
Deepak
- respondent
State
Coram
Rajneesh Kumar Gupta
Case details
As recorded by the court registry
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