JEEWAN SINGH CHILWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH the above titled cross -appeals arise from the same judgment and order, so are being adjudicated by this single judgment.

(2.) ACCUSED convict Jeewan Singh Chilwal was found guilty by learned Additional Sessions Judge/Ist FTC, Nainital vide his judgment and order dated 17/21.12.2011 passed in Sessions Trial No. 41/2010, State v. Jeewan Singh Chilwal. He was tried for the offence of Section 376(2)(d) IPC. However, he was found guilty of offence under Section 376D IPC. Learned Trial Judge has awarded the maximum sentence as envisaged under the Penal Code for the offence of Section 376D IPC and sentenced him to five years' rigorous imprisonment nay a fine of Rs. 5,000/ -. In default of payment of fine, convict has been directed to undergo six months' simple imprisonment.

(3.) PW 1 Constable Anand Kumar is the formal witness. He was posted in the Police Station Haldwani on 4.1.2010. He has written the FIR in the General Diary of the Police Station and has proved the same.