JAVID Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal appeal arises out of a judgment and order dated 18.10.2003 passed by the learned Additional Sessions Judge/2nd F.T.C. Nainital in Sessions Trial No. 296 of 1998, by which trial court has convicted present appellant, namely, Javid under Sections 452, 363, 376 and 323 read with Section 34 of IPC as well as under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (from hereinafter referred to as "SC/ST Act") and consequently has sentenced accused/appellant Javid under Section 452 IPC for three years rigorous imprisonment and fine of Rs. 1000/ -, under Section 363 IPC for three years rigorous imprisonment and fine of Rs. 1000/ -, under Section 376 IPC for ten years rigorous imprisonment and fine of Rs. 1000/ -, under Section 323/34 IPC for one year rigorous imprisonment, and in default of payment of fine he was also directed to undergo rigorous imprisonment for six months in each case. The trial court has sentenced accused/appellant Javid under Section 3(2)(v) of SC/ST Act for life imprisonment and a fine of Rs. 2000/ - and in default of payment of fine he was also directed to undergo rigorous imprisonment for one year. All the sentences were ordered to run concurrently.

(2.) HEARD Ms. Pushpa Joshi, Senior Advocate assisted by Mr. Amit Kapri, Advocate for the appellant and Mr. P.S. Bohara, Brief Holder for the State.

(3.) DURING the investigation, "Fard" memo of clothes recovered from the girl was also prepared by the police according to which - (1) one white cardigan of which both the sleeves were torn and it had blood stains, (2) one red colour sahvar which was torn and having blood stains and (3) one "kurta" which was also torn and having bloodstains.