GUDDU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Guddu has challenged the legal admissibility of the judgment and order dated 07.06.2012 rendered by learned Additional Sessions Judge, U.S. Nagar (Rudrapur), wherein he was found guilty for the offences under section 363, 366, 376 and 506 IPC, wherefor he has appropriately been sentenced. It may also be mentioned that one other accused Mahender @ Manoj was also tried in the same Sessions Trial No.245/2006 and he was found guilty for other offences except under Section 376 IPC but that convict has not come up before the Court in appeal. The trial pertains to the police station Pant Nagar having crime No.1051/2006.

(2.) Having heard the arguments for and against it transpires that appellant Guddu reside as a next-door neighbour of victim Ms. Anita. In the morning of 13th July, 2006 when she was going to her school along with her four to five schoolmates and one real sister, her bicycle stopped on account of some defect developed in the gearing chain. She got down from the bicycle and began to rectify the defect. At the same time, she asked her companions and sister not to wait for her, so they went to the school. The school was yet only few paces away from the spot where the defect was developed in the cycle. Meanwhile, the appellant Guddu along with one Ramesh appeared in front of her and she was persuaded to interact with the appellant. Appellant

(3.) On the persuasion of her father she lodged the FIR on 14.7.2006 at about 10:30 AM. Chargesheet was submitted against the appellant along with another accused Mahendra @ Manoj. The trial culminated into their conviction, as afore-stated.