NARESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has impugned the judgment and order on sentence dated 25.03.2011 and 26.03.2011 respectively wherein the appellant stood convicted under Section 376 r/w Section 511 IPC as also for the second offence under Section 506 IPC; for his first conviction he has been sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 2000/- in default of payment of fine to undergo SI for a period of one month; for his second conviction, he has been sentenced to undergo RI for a period of one year. Both the sentences were to run concurrently; benefit of Section 428 of the Cr.P.C had been granted to the appellant.

(2.) The nominal roll of the appellant has been requisitioned. This reflects that as on the date when his sentence was suspended, he had undergone incarceration of about 2 years 4 months which included the remissions earned by him.

(3.) Record shows that the present FIR has been registered initially under Section 354 of the IPC. The FIR was registered on 22.05.2008 on the statement of the mother of the victim namely Ruby. Pursuant thereto the statement of the victim was recorded under Section 164 of the Cr.PC before the learned M.M. on 31.05.2008; the FIR was thereafter converted from an offence under Section 354 IPC to an offence under Section 376 of the IPC. The conviction as notedwas a conviction under Section 376 IPC r/w Section 511 and Section 506 of the IPC.