CHANDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 13.2.2007 passed by the learned Additional Sessions Judge/Fact Track Court No. 2, Lucknow in Sessions Trial No. 573 of 2000 Police Station Itaunja, District Lucknow whereby the present appellant along with one Suresh was tried for the offence under Sections 363, 376 (2) and 366 I.P.C. Accused Suresh died during pendency of the trial, hence case against him stood abated by means of order dated 9.3.2006. Appellant Chandra Pal was convicted and for the offence under Section 363 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of three years and also with a fine of Rs. 1,000/ - with default stipulation of one month rigorous imprisonment. For the offence under Section 376 (2) I.P.C., he was sentenced to undergo rigorous imprisonment for a period of ten years and also with fine of Rs. 2,000/ - with default stipulation of two months rigorous imprisonment. Lastly for the offence under section 366 I.P.C., he was sentenced to undergo rigorous imprisonment for a period of five years and also with fine of Rs. 1,000/ - with default stipulation of one month rigorous imprisonment.

(2.) IN brief the case of the prosecution may be summed up as under: -

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