HARI DOBAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Appeal has been filed against the judgment dtd. 29/4/2022, passed by the District and Sessions Judge, Chamoli at Gopeshwar in Sessions Trial No.10 of 2019, "State of Uttarakhand vs. Hari Dobhal", whereby, the appellant-Hari Dobhal has been convicted for the offence punishable under Sec. 376 of the Indian Penal Code (in short, "IPC") and has been sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.20,000.00. In default of payment of fine, the appellant has been directed to undergo further simple imprisonment for a period of one year. The appellant has been further convicted and sentenced to undergo rigorous imprisonment for a period of three months along with a fine of Rs.1,000.00 for the offence punishable under Sec. 506 of IPC, and, in default of payment of fine, he has been directed to undergo further simple imprisonment for a period of fifteen days. Both the sentences have been directed to run concurrently.

(2.) Heard learned counsel for the parties on the Bail Application (IA No.1 of 2022).

(3.) Mr. Jayvardhan Kandpal, learned counsel for the appellant, submitted that according to the prosecution case, the prosecutrix was raped by the appellant in a house, which was under construction; however, no external or internal injury was found on the body of the prosecutrix during the medical examination; DNA report does not support the prosecution case; there are material contradictions in the statements of the prosecution witnesses, therefore, there are substantial doubt regarding the conviction; the appellant was on bail during the trial and the conditions of bail were neither misused nor violated by him; he is in service of India Army; he is a permanent resident of District Chamoli, and, he has no criminal history.