LAWS(DLH)-2017-3-199

AKSHAY KUMAR Vs. STATE

Decided On March 16, 2017
Akshay Kumar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant - Akshay Kumar impugns a judgment dated 15.01.2015 of learned Addl. Sessions Judge in Sessions Case No.179/2013 arising out of FIR No.224/2013 PS Dabri by which he was held guilty for committing offence punishable under Sec. 376 IPC. By an order dated 22.01.2015, he was sentenced to undergo RI for seven years with fine Rs. 1 lac.

(2.) In nutshell, the prosecution case as reflected in the charge-sheet was that in the year 2010 - 2011, the appellant committed rape upon the prosecutrix 'X' (changed name) after administering a stupefying substance. Subsequently, he continued to have physical relationship with her on the false pretext to marry.

(3.) The Investigating Officer on receipt of victim's written complaint (Ex.PW-1/A) lodged First Information Report on 01.05.201 'X' was medically examined; she recorded her 164 Crimial P.C. statement. The appellant was arrested and medically examined. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was laid before the Court against the appellant. In order to establish its case, the prosecution examined seventeen witnesses. In 313 Crimial P.C. statement, the appellant denied his involvement in the crime; pleaded false implication; and examined twenty-five witnesses in defence. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been filed.