GAUTAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C), is directed against the judgment and order dated 29.05.2004 passed by 1st F.T.C./Addl. Sessions Judge, Roorkee, District Haridwar in Sessions Trial No. 332 of 2002 'State v. Gautam and others', whereby accused/appellant Gautam has been convicted under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for four years with fine of Rs. 500/ - under Section 363 I.P.C. and in default of payment of fine simple imprisonment for six months, rigorous imprisonment for five years with fine of Rs. 500/ - under Section 366 I.P.C. and in default of payment of fine simple imprisonment for one year, rigorous imprisonment for seven years with fine of Rs. 500/ - under Section 376 I.P.C. and in default of payment of fine further imprisonment for one year. The appellant Smt. Mithlesh has been convicted under Sections 363 and 366 I.P.C. and has been sentenced to undergo rigorous imprisonment for two years with fine of Rs. 500/ - under Section 363 I.P.C. and in default of payment of fine simple imprisonment for three months, rigorous imprisonment for three years with fine of Rs. 500/ - under Section 366 I.P.C. and in default of payment of fine simple imprisonment for six months.

(2.) HEARD learned counsel for the parties and perused the Lower Court's Record.

(3.) THE prosecution, in order to prove its case, got examined PW -1 Km. Hema -the victim, PW -2 Dr. Urmila Bohra -Medical Officer, PW -3 Smt. Kusum - mother of the victim, PW -4 Sub Inspector Awadesh Kumar Pandey -Investigating Officer, PW -5 Dr. Yogesh Kumar -Radiologist and PW -6 Constable Ramdhan, who prepared the Chik Information Report and made entry in the G.D.