ZAHEER HASSAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) At the outset, it needs to be mentioned here that the present matter pertains to Section 376 of the I.P.C. By an amendment, Section 228A of the I.P.C. has been inserted by Act No.43 of 1983, which bars the disclosure of the identity of the prosecutrix by publication and in fact it makes it an offence. Although, printing and publication in a law general is not included in the definition of "printing and publication" in the above provision for which there are several pronouncements by the Hon'ble Supreme Court, yet, purely for reasons of abundant precaution, the name of the alleged victim has not been mentioned in the present judgment and the alleged victim is only addressed here as the "prosecutrix".

(2.) This Criminal Appeal arises out of a judgment and order of the trial court dated 15.3.2010 passed by the learned Additional District & Sessions Judge/IV FTC Dehradun in Sessions Trial No. 31 of 2008 convicting the present appellant under Sections 376 and thereby sentencing him for 7 years of rigorous imprisonment under Section 376 IPC and a fine of Rs. 5,000/-, and in default in payment of fine further simple imprisonment for six months.

(3.) Matter heard at length.