RAKESH KUMAR SHAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These appeals arise of the judgment dated 19th March 2013 as rendered in the Sessions Trial No. 86 of 2012 "State Vs. Rakesh Kumar Shah", passed by the Additional Sessions Judge (First), Rishikesh Dehradun. As a consequence of rendering of the impugned judgment dated 19th March 2013, the appellant, who happens to be the natural father of prosecutrix has been held out to be guilty for offences committed by him which are punishable u/s 376 read with section 506 IPC and had been acquitted for the offences punishable under Sections 323 and 504 I.P.C.

(2.) After conclusion of the trial, the learned Sessions Judge is said to have appreciated the evidence and had come to a conclusion that the offence as leveled against the appellant under Sections 376 and 506 I.P.C. has been established, and consequently he was sentenced to undergo a rigorous imprisonment for term of ten years and had been imposed with a penalty of Rs.10,000/- and further in an event of default to remit the penalty, he had been directed to further undergo an additional term of rigorous imprisonment for a period of four months. He had also been further sentenced for a rigorous imprisonment for a period of one year for the offences punishable u/s 506 IPC . Both the sentences had been directed to run concurrently.

(3.) The appellant is in jail. His bail application has been rejected by the coordinate Bench of this Court, while admitting the appeal on 16th April 2013.