HEERAMAN MANDAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal, preferred u/s 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 08.06.2015, passed by the 1st Additional Sessions Judge, Udham Singh Nagar in Sessions Trial No. 8 of 2015, State vs. Hareeman Mandal whereby the learned trial court has convicted the appellant under section 366 IPC and sentenced him five years rigorous imprisonment with fine of Rs. 10,000/-, in default of which, appellant to undergo further six months simple imprisonment . He was also convicted under section 376(1) IPC and sentenced to ten years rigorous imprisonment with fine of Rs. 15,000/- in default of which he has to undergo further nine months simple imprisonment.

(2.) Admit.

(3.) Brief facts of the case are that the informant submitted information (Ex. A1) with Police Chawki Transit Camp, Rudrapur on 07.10.2014. On the basis of said report, chick FIR (Ex. A4) was lodged at P.S. Rudrapur on 07.10.2014 at 10.50 against the accused/appellant. The statement of the prosecutrix (Ex.A2) under section 164 Cr.P.C. was recorded. She was medically examined by the Government Doctor, Rudrapur. Accordingly, medical reports Ex. A3 and Ex. A4 were prepared. During investigation, site plant was prepared by the Investigating Officer which is Ex. A5. After recording the statement of the witnesses, charge sheet Ex. A6 was filed on 30.11.2014. Charges under section 366 and 376 IPC were framed against the accused/appellant by the Additional Sessions Judge on 03.02.2015. The appellant denied the allegation and claimed to be tried.