LAWS(DLH)-2013-3-162

RAJESH KUMAR Vs. STATE

Decided On March 21, 2013
RAJESH KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE appellant- Rajesh Kumar challenges judgment dated 06.07.2005 in Sessions Case No.11/2003 arising out of FIR No. 734/1998 PS Dabri, by which, he was held guilty for committing offences under Sections 363/366/342/354/34 IPC. Vide order dated 12.07.2005, he was sentenced to undergo RI for five years with total fine Rs. 5,000/-.

(2.) ALLEGATIONS against the appellant were that he, Billa and Pramod kidnapped prosecutrix 'X' (assumed name), aged 10 years and committed rape upon her. Charges under Sections 342/363/366/34 IPC and under Section 376 (g) were framed to which he pleaded not guilty and claimed Trial. The prosecution examined six witnesses to substantiate the charges. In his 313 Cr.P.C. statement, the appellant pleaded false implication. Earlier he and Billa were proclaimed offenders. After appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held the appellant guilty for the offences described previously and sentenced him. Being aggrieved, the appellant has come in appeal.

(3.) I have considered the submissions of the parties and have examined the Trial Court record. Since the appellant has not opted to challenge the findings of the Trial Court on conviction under Sections 363/366/342/354 IPC, order of conviction of the Trial Court stands affirmed.