SANT RAM @ SADHU RAM Vs. STATE

JUDGEMENT

(1.) THE appellant (Sant Ram) impugns judgment dated 03.04.2010 and order on sentence dated 24.04.2010 in Sessions Case No.1026/2009 whereby the appellant was convicted for an offence punishable under Section 376 and Section 506 IPC and was sentenced to undergo imprisonment for life for the offence punishable under Section 376 IPC and RI for two years for the offence punishable under Section 506 IPC. A fine of Rs.2 lakh for the offence punishable under Section 376 IPC and Rs.1,000/- for the offence punishable under Section 506 IPC was also imposed on the appellant. In default of payment of fine, the appellant was sentenced to further undergo SI for a period of two years for the offence under Section 376 IPC and SI for a period of one week for the offence under Section 506 IPC. Out of the total fine of Rs.2,00,000/-, if recovered, a sum of Rs.1 lakh was ordered to be paid to the prosecutrix and another sum of Rs. 1 lakh was ordered to be paid to the child under Section 357 Cr.P.C.

(2.) IT was directed that the appellant shall not be considered for grant of remission till he undergoes an actual sentence of 20 years.

(3.) ON appellant's pleading not guilty to the charge, the prosecution examined 14 witnesses. PW1, the prosecutrix 'N' and PW6 Smt. Arti Devi her mother are the material witnesses; rest of the witnesses have provided various links in the case. They lose significance in view of the prosecution case and the defence taken by the appellant to which we shall advert to a little later.