DHANESH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C), is directed against the judgment and order dated 07.03.2002, passed by the Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 1998, whereby the said court has convicted accused/appellant Dhanesh under Section 376 read with Section 511 I.P.C. and sentenced to undergo five years' rigorous imprisonment and directed to pay fine of Rs. 2,000/ -. It has also been directed that out of the amount of fine, if realised, Rs. 1,000/ - shall be given to the victim P.W. 1 Km. Arti under Section 357(3) Cr.P.C. In default of payment of fine, the convict shall further undergo simple imprisonment for two months.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) THE Chief Judicial Magistrate, Tehri Garhwal, on receipt of the charge sheet, after giving necessary copies to the accused, as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. After hearing the parties on 31.01.1998, learned Sessions Judge, Tehri Garhwal, framed charge of offences punishable under Section 376 read with Section 511 of I.P.C., to which the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Km. Arti (the victim), P.W. 2 Yudhvir Singh (father of the victim) (complainant), P.W. 3 Head Constable Arjun Singh, P.W. 4 Dr. Meenu Rawat (Medical Officer), P.W. 5 Mahavir Singh and P.W. 6 Hukum Singh Negi (Investigating Officer). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which he alleged that he has been falsely implicated. After hearing the parties, the trial court found the accused guilty of charge of offences punishable under Section 376 read with Section 511 I.P.C., and convicted him accordingly. The trial Court also directed that out of the amount of fine, if realised, Rs. 1,000/ - shall be given to the victim P.W. 1 Km. Arti under Section 357(3) Cr.P.C. In default of payment of fine, the convict shall further undergo simple imprisonment for two months. Aggrieved by said judgment and order dated 07.03.2002, passed by the Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 1998, this appeal is preferred by the convict.