RAM LAL YADAV Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order on sentence dated 04.04.2013 and 05.04.2013 respectively wherein the appellant namely Ram Lal Yadav stood convicted under Section 376 of the IPC. He has been sentenced to undergo RI for a period of 10 years and to pay fine of Rs. 10,000/ - and in default of payment of fine to undergo RI for a period of 2 years. Benefit of Section 428 of the Cr.PC had been granted to the appellant.

(2.) NOMINAL roll of the appellant has been requisitioned. This reflects that as on date he has undergone incarceration of about almost 4 years which includes the remissions earned by him. His jail conduct is satisfactory.

(3.) THE prosecution in support of its case has examined as many as 13 witnesses of whom the star witness of the prosecution was the prosecutrix herself who was examined as PW -4. The statement of the prosecutrix has been recorded under section 164 of the Cr.P.C. by the learned Metropolitan Magistrate (PW -9). Smt. Bobby Kapoor owner and landlord of the house was examined as PW -5. The prosecutrix was medically examined by Dr. Kalpana who was examined as PW -7..