DESHRAJ (JAIL APPEAL ) Vs. STATE OF U.P.

JUDGEMENT

(1.) Deshraj, Son of Sipahi Lal has filed the appeal in challenge to judgment of conviction and order of Sentence, both dated 30.7.2014. The said appellant has been convicted for committing offence under Sections 363 , 366 , and 376 Indian Penal Code. The appellant has been sentenced to undergo imprisonment for three years and pay fine Rs.1000/- for committing offence under Section 363 Indian Penal Code; undergo imprisonment for five years and pay fine Rs.2,000/- for committing offence under Section 366 Indian Penal Code, and undergo rigorous imprisonment for ten years and pay fine Rs.10,000/- for committing offence under Section 376 Indian Penal Code. It has further been directed that in case fine is recovered, Rs.5000/- be remitted to the victim of offence.

(2.) Amicus Curiae Shri Jalaj Kumar Gupta, Advocate has appeared for the appellant and has given able assistance to the court. Shri Chandra Shekhar Pandey, Additional Government Advocate has appeared for the State/prosecution.

(3.) Learned counsel for the appellant has vehemently argued that if a reference is made to the entire evidence, it becomes evident that the prosecutrix had attained age of majority on the date of incident. In this regard, the trial court has erred in facts and in law in wrongly interpreting the evidence. The only conclusive evidence in regard to age of the prosecutrix is the statement of the Doctor and her medical examination report.