RAM SEWAK Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has been preferred by accused-appellant, namely, Ram Sewak @ Baura against the judgment and order dtd. 21/1/2015 passed by the Additional Sessions Judge, Court No.1, Banda in Sessions Trial No. 188 of 2013 (State Vs. Ramsewak @ Baura) arising out of Crime No. 363, 308 and 376 I.P.C., Police Station-Pailani, District-Banda, whereby the accused-appellant has been convicted and sentenced to undergo to (i) life imprisonment under Sec. 376 I.P.C. with fine of Rs.40,000.00, in default thereof, he has to further undergo eight months' additional simple imprisonment and (ii) five years rigorous imprisonment under Sec. 363 I.P.C. with fine of Rs.10,000.00, in default thereof, he has to further undergo two months' additional imprisonment, with the observations that the total amount of fine which was to be recovered from the accused was to be paid in favour of victim as compensation and also all the sentences were to run concurrently.

(2.) We have heard Mr. Virendra Pratap Yadav, learned Amicus Curiae appearing for the accused-appellant no.1 and Mrs. Archana Singh, learned A.G.A. for the State. We have also perused the materials available on record.

(3.) The prosecution story, as reflected from the records, is as follows: