LAWS(DLH)-2017-11-157

HARDYA DASS Vs. STATE

Decided On November 23, 2017
Hardya Dass Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By this appeal, the appellant challenges his conviction for offence punishable under Sections 342/376/506 IPC vide the impugned Judgment dated 7th May, 2014 and the order on sentence dated 8th May, 2014 directing him to undergo rigorous imprisonment for ten years for offence punishable under Section 376 IPC and rigorous imprisonment for two years for offence punishable under Section 506 (II) IPC and rigorous imprisonment for a period of six months for offence punishable under Section 342 IPC.

(2.) Learned counsel for the appellant contends that appellant was falsely implicated at the instance of mother of the prosecutrix on the instigation of her previous husband. The recoveries are false and fabricated and cannot be relied upon.

(3.) Fir No. 630/2011 under Sections 342/376/506 IPC was registered on the complaint of prosecutrix, who was brought to the Police Station by her mother and after she was medically examined in the hospital on 25th December, 2011. The prosecutrix stated that on 16th August, 2011 at about 1.30 PM the appellant committed rape on her and also threatened to kill her and her mother. Thereafter appellant continued to rape her and she became pregnant on account of the sexual act of the appellant. After investigation charge sheet was filed and the report in respect of the exhibits was sought from the FSL.