DHARMENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed by Appellant Dharmendra against the judgment and order dated 7.11.2006 passed by Addl. Sessions Judge, Court No. 2, Aligarh in S.T. No. 596 of 2004, whereby the Appellant was convicted under Section 376 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ ST Act) under Section 376 IPC, the Appellant was sentenced to undergo R.I. for 12 years along with the fine of Rs. 5000/-, in default to further undergo R.I. for 5 months; and under Section 3(2)(v) of the SC/ST Act to undergo imprisonment for life along with the fine of Rs. 5000/-; in default to undergo further R.I. for 5 months. Both the sentences were directed to run concurrently.

(2.) Along with the Appellant Dharmendra, the co-accused Lalit Kumar was also convicted under Sections 376/114, 506 IPC and 3(1) (12) of the SC/ST Act. He was declared a juvenile and his case was thereafter referred to Juvenile Judge, Mathura for further action. In this appeal 'we are concerned only with Appellant Dharmendra.

(3.) The incident took place on 30.11.2003 at 5 p.m. in village-Bahona Kotra, PS. Pali Muqeempur, District- Aligarh. The FIR dated 4.12.2003 given to S.P. Rural, Aligarh was registered at Police Station and 6.1.2004 at 14.45 hours at the instance of Yashpal (P.W.-2)- father of the victim.