SANJIV KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 22.07.2011, passed by learned Additional Sessions Judge/3rd Fast Track Court, Haridwar, in Sessions Trial No. 106 of 2008, whereby said court has convicted accused/appellant Sanjiv Kumar Sharma, under Section 376 of I.P.C., and sentenced him to rigorous imprisonment for a period of ten years, and directed to pay fine of Rs. 25,000/-, out of which Rs. 20,000/- is to be paid to the victim as compensation. In default of payment of fine, the convict has been directed to undergo simple imprisonment for a period of two years. The trial court has further convicted the accused/appellant Sanjiv Kumar Sharma under Section 504 and 506 of I.P.C., and on each of said count he has been sentenced to rigorous imprisonment for a period of one year.

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

(3.) Prosecution story in brief is that on 11.10.2007, PW2 Sonu (victim) aged 12-14 years told her father PW1 Dharmendra Kumar that about a month back she was called by her neighbour Sanjiv Kumar Sharma (accused/appellant) on the pretext that his daughter was calling her. However, after she went to his house, she was subjected to rape by the accused. She further complained that during the month, the accused repeated the acts and threatened her of dire consequences, if she dared to disclose about the incident to anyone. On 12.10.2007, PW1 Dharmendra Kumar gave First Information Report (Ex. A1) at Police Station Gangnahar, Roorkee, on the basis of which, Crime No. 285 of 2007, was registered against the accused Sanjiv Kumar Sharma, in respect of offence punishable under Section 376 of I.P.C. The investigation was taken up by PW5 Sub Inspector S.S. Verma, who took the girl for medical examination to PW3 Dr. Deepa of Civil Hospital, Roorkee.