(1.) Appellant herein was charge -sheeted for the offence of rape, cheating, etc., and after trial, was convicted by the trial court for the offences under Section 420/467/468/471 of IPC while relying upon testimony of the prosecutrix (PW -1), Vice -Principal Dr. Rajiv Tyagi (PW -4) and other witnesses. Vide impugned judgment of 5th March, 2015 and order on sentence of 11th March, 2015, appellant has been sentenced to RI for five years with fine for the offence of cheating and to RI for ten years with fine for the offence under Section 467 of IPC. Sentence of five years with fine has been awarded to appellant for the offence under Section 468 of IPC. For the offence under Section 471 of IPC, he has been sentenced to RI for one year. The aforesaid sentences carry default clause and have been directed to run concurrently.
(2.) The substratum of the prosecution case, as noted in the impugned judgment, is as under: -
(3.) While relying upon the testimony of the prosecutrix (PW -1), Dr. Rajiv Tyagi (PW -4) and other witness, trial court has acquitted appellant for the offence of rape, but has proceeded to convict the appellant for the remaining offences. To convict the appellant for the offence of cheating, the finding returned by the trial court speaks for itself. It reads as under: -