RAJENDRA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gopesh Tripathi, learned Amicus Curiae for the appellant and Sri Veer Raghav Chaubey, learned Additional Government Advocate for the State.

(2.) The instant Criminal Appeal under Sec. 374 (2) Cr.P.C. has been filed against the judgment and order dtd. 10/11/2000 passed by the Additional Sessions Judge, Lucknow in Sessions Trial No.460 of 1996 arising out of Case Crime No.234 of 1992, under Ss. 363, 366, 376 I.P.C., Police Station Gosaiganj, District Lucknow, whereby the accused-appellant, Rajendra Prasad @ Gappu has been sentenced and convicted under Sec. 363 I.P.C. to undergo two years' rigorous imprisonment alongwith fine of Rs.1,000.00, under Sec. 366 I.P.C. to undergo two years' rigorous imprisonment alongwith fine of Rs.1,000.00 and under Sec. 376 I.P.C. to undergo seven years' rigorous imprisonment alongwith fine of Rs.5,000.00. It was further directed in the impugned judgment that in default of payment of fine, the appellant has to undergo six months' additional imprisonment under Sec. 363 I.P.C., to undergo six months' additional imprisonment under Sec. 363 I.P.C. and three years' additional imprisonment under Sec. 376 I.P.C.

(3.) In the guidelines of Hon'ble Supreme Court, the name of victim is not disclosed. Her name is refereed as letter 'X'.