RAMESHWAR GIRI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 16.04.2001 and 23.04.2011 respectively wherein the appellant has been convicted under Sections 376/366/363 of the IPC and has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.2,000/- and in default of payment of fine, to undergo SI for 3 months for the offence under Section 376 of the IPC; for the offence under Section 366 of the IPC, he has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo SI for 2 months; for the offence under Section 363 of the IPC, he has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo SI for 2 months. The sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been granted to the appellant.

(2.) The nominal roll of the appellant has been requisitioned. It reflects that as on the date, when he had been granted bail, he has suffered incarceration of about 4- 1/2 years.

(3.) Version of the prosecution was unfolded in the statement of the prosecutrix examined as PW-5. Admittedly the appellant was known to her prior to the date of the incident. Her version is that on 17.02.1999 at about 05:30 pm, she was standing at the public water tank near her house when the appellant asked her to accompany him for sightseeing; she went with him; he took her to the railway station; she was threatened there; the appellant took her to his village in Bihar in a train. She stayed there for 2-3 days pursuant to which she was recovered.