ANIL S/O BINDAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellant from jail, is directed against the judgment and order dated 03.11.2012 passed by learned Fifth Additional Sessions Judge, Haridwar in Sessions Trial No.16 of 2011, State Vs. Anil, whereby the said Court has convicted the appellant-accused Anil u/s 376(2)(f) I.P.C. and sentenced him to undergo the imprisonment for life with fine of Rs.5,000/-, in default of which one year's additional imprisonment was awarded. Appellant-accused was further convicted u/s 307 IPC and was sentenced to undergo ten years' R.I. with fine of Rs.2,000/-, in default of which, six months' additional imprisonment was awarded. Both the sentences were directed to run concurrently.

(2.) Facts of the case are that PW1 Jagram lodged an FIR at P.S. Kotwali Laksar with the averments that on 9.11.2010, his daughter, aged about 10 years, had gone to her maternal grandmother house at Pithpuri Raighati and she was supposed to return on 10.11.2010. In order to fetch his daughter, when the complainant reached near the said village, he saw the appellant-accused Anil of his village coming out from the sugarcane field. Seeing the complainant, the accused ran away in the fields.

(3.) In order to prove its case, the prosecution examined PW1 Jagram (complainant), PW2 Dr. Richa Thapliyal, PW3 Soni (victim), PW4 Smt. Pavitra (mother of victim), PW5 Dr. P.R. Pandey, PW6 Dr. Meera Srivastava and PW7 T.S. Rana (I.O.) of the case. Thereafter the statement of the accused was recorded. After considering the entire material available on record, learned trial court convicted and sentenced the accused as afore-mentioned.