SANJAY SEMWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant appeal is preferred against the judgment and order dtd. 28/8/2021/31/8/2021, passed in Sessions Trial No. 24 of 2019, State Vs. Sanjay Semwal @ Minu and another, by the court of District and Sessions Judge, Pauri Garhwal. By the impugned judgment and order, the appellant has been convicted under Sec. 376 (1) and 506 IPC and sentenced as hereunder:-

(2.) The prosecution case, briefly stated is as follows:-

(3.) During investigation, statements of the prosecutrix were recorded under Sec. 164 of the Code of Criminal Procedure, 1973 (for short, "the Code"). The Investigating Officer (for short, "the IO") also collected the transfer certificate of the prosecutrix to ascertain her date of birth. The prosecutrix was medically examined also. Certain articles were sent for forensic examination. A report was received. Neither semen nor blood could be detected on any of the articles sent for examination. The IO also prepared site plan of the place of incident. The IO found that the prosecutrix was above 18 years of age on the date of incident. After investigation, charge sheet under Ss. 365, 376 and 506 IPC was submitted against the appellant and co-accused Rajat Patel.