JAGDISH ALIAS JAGGA Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appel lant u/s 374 (2) of The Code of Crimi nal Procedure, 1973 (hereinafter to be referred as Cr. P. C.), is directed against the judgment and order dated 24-09-1990 passed by Sessions Judge, Dehradun in ST. No. 137 of 1989, State Vs. Jagdish @ Jagga, whereby the learned Sessions Judge has convicted the appellant/accused Jagdish @ Jagga under Section 376 of the Indian Penal Code, 1860 (hereinafter to be referred as I. P. C.) and sentenced him to five years' rigorous imprisonment.

(2.) I have heard Sri Ramji Srivastava, learned counsel for the ap pellant and Sri M. A. Khan, learned brief holder for the State and perused the entire material available on record.

(3.) ON 08-02-1990, learned Sessions Judge, Dehradun framed the charge against the appellant/accused Jagdish @ Jagga under Section 376 IPC. The charge was read over and explained to the appellant/accused, who pleaded not guilty and claimed to be tried.