LAWS(UTN)-2019-4-123

ANAND KUMAR Vs. STATE OF UTTARANCHAL

Decided On April 12, 2019
ANAND KUMAR Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) This appeal, under Sec. 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C) is directed against the judgment and order dtd. 23/11/2017 passed by 2nd Additional Sessions Judge, Dehradun in Sessions Trial No. 10 of 2017, whereby the appellant was convicted under Sec. 376 of Indian Penal Code, 1860 ( for short IPC), and sentenced to rigorous imprisonment for a period of 7 years with fine of Rs.10,000.00 . Further, a penalty of Rs.2,50,000.00 under Sec. 357 (3) Cr.P.C. was also imposed upon the appellant.

(2.) It would be necessary to set out the brief facts of the case which gave rise to the present criminal appeal. The brief facts are extracted hereunder:-

(3.) The case was committed to the Court of Session for trial. The trial court framed charges against the appellant under Sec. 376, 504 and 506 IPC. To the said charges, appellant pleaded not guilty and claimed to be tried.