ABHINAV @ UPENDRA Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused-appellant, is directed against the judgment and orders dated 31.3.2010 passed by Sri Lalta Prasad-II Additional Sessions Judge,(Fast Track Court), Sant Kabir Nagar in Sessions Trial No.85 of 2008, whereby the appellant was convicted under sections 363, 366 and 376 I.P.C and sentenced to undergo rigorous imprisonment of 5 years and to pay fine of Rs.5,000/-, rigorous imprisonment of 10 years and to pay fine of Rs.10,000/-, rigorous imprisonment of 10 years and to pay fine of Rs.10,000/- in default of payment of fine he was further directed to undergo rigorous imprisonment of two months, four months and four months on three counts. All the sentences were run concurrently.

(2.) Heard Sri Amit Kumar Singh, learned counsel for the appellant, Sri Raj Bahadur, learned A.G.A for the State-respondent and perused the record.

(3.) On behalf of appellant in support of the appeal it is submitted that the learned Trial Judge has not appreciated the evidence properly. According to medical evidence, the victim was major at the time of alleged occurrence. There are serious contradictions in the statements of the witnesses and the punishment awarded by the learned Trial Judge is excessive.