SURENDRA SHARMA @ DILIWALA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These are four connected Criminal Appeals, which arises out of impugned judgment of conviction u/s 376(2) (N), which was registered as FIR No. 93 of 2011, before SHO, Kotwali Dehradun. Being Criminal Appeal No. 425 of 2014, "Surendra Sharma @ Diliwala Surendra Sharma @ Diliwala Vs State of Uttarakhand", arising out of the same Sessions Trial No. 117 of 2011. Criminal Appeal No. 425 of 2014 would be the leading case and would cover an adjudication of Criminal Jail Appeal No. 25 of 2014 "Trilok @ Tillu Vs. State of Uttarakhand", Criminal Jail Appeal No. 29 of 2014 "Soban Singh @ Ushtaj Ji Vs. State of Uttarakhand", and Criminal Jail Appeal No. 38 of 2016 "Surendra Sharma Alias Delhiwala Vs. State of Uttarakhand."

(2.) All the appeals arise out of common judgment of conviction dated 11th June 2014, as rendered by 4th Additional District and Sessions Judge, Dehradun in Sessions Trial No. 117 of 2011 "State Vs. Surendra Sharma and others". By the judgment impugned, the learned Trial Court had convicted the appellants u/s 376 (2) (N) of Indian Panel Code and they have been sentenced to undergo ten years rigorous imprisonment and with a fine of Rs. 5000/- each, and in an event of failure to deposit the amount payable towards fine, the accused appellant had been further sentenced to undergo two months of simple imprisonment.

(3.) Brief backdrops of the case are that one Mrs. Rani, complainant and the mother of the prosecutrix Ritu had lodged an FIR before SHO, Kotwali Nagar, Dehradun on 20th March 2011 at about 9:05 a.m. (paper 63 ka), wherein a brief set of allegation as narrated in the FIR was, that she submitted that her daughter Ritu i.e. the prosecutrix was married about three years back with one Mr. Deepu, alias Pappu, who was initially working in Hotel Parmar and for about last four months, after leaving the prosecutrix, is said to have gone to Delhi for work.