TRIBHUWAN Vs. STATE

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 27.05.2009 and an order on sentence dated 29.05.2009 passed by the learned Additional Sessions Judge("ASJ") in Sessions Case No. 47/2007 FIR No. 258/2007 registered at P.S. Model Town whereby the Appellant was held guilty for the offences punishable under Sections 376 /363 IPC. He was sentenced to undergo RI for 05 years and to pay a fine of Rs. 500/ - or in default to undergo RI for 06 months for the offence punishable under Section 376 IPC; he was further sentenced to undergo RI for 03 years and to pay a fine of Rs. 100/ - or in default to undergo RI for one month for the offence punishable under Section 363 IPC. The prosecution version, in brief, can be noted from paras 1 to 4 of the impugned judgment as under:

(2.) In order to prove its case, the prosecution examined 14 witnesses before the learned ASJ.

(3.) On closing of the prosecution evidence, the Appellant was examined under Section 313 Cr.P.C. to afford him an opportunity to explain the prosecution evidence against him. The Appellant denied the prosecution's allegation and pleaded false implication. He stated that he returned from his work and was sleeping on the roof, the Police arrested him and implicated him in the case falsely. The Appellant declined to produce any evidence in defence.