SANDEEP KUMAR SHARMA Vs. STATE OF UTTARAKNAND

JUDGEMENT

(1.) THIS is an appeal against the judg ment and order dated 28/11/2006 passed by the learned Sessions Judge, Dehradun in S. T. No. 8 of 2006, State Vs. Sandeep Kumar Sharma and other convicting the appellant Sandeep Kumar Sharma and sentencing him for a period of 7 years R. I. u/s 366 I. P. C. and fine of Rs. 2. 000/- and in default of payment of fine he would have to undergo further two months R. I. He was also convicted and sentenced un der section 376 I. P. C. for a period of 10 years R. I. and a fine of Rs. 8,000/- and in default of the payment of fine he would have to undergo further R. I. for one year. It was directed that both the sentences would run concurrently.

(2.) AT the outset, it needs to be men tioned that the co-accused Rinky @ Nikky was acquitted by the trial court u/s 366 I. P. C.

(3.) THE prosecution in support of its case examined Elam Singh PW1 who is Mausa of the prosecutrix. He has lodged the report in the police station. PW2 is the victim herself. She has narrated the entire incident before the Court. Nairn Ahmed PW3 has stated that the accused/ appel lant was arrested in his presence and a toy pistol was recovered in his presence from the Aggarwal Dharamshala, Dehradun. Himmat Ramola PW4 is the employee of Motil Mahal Hotel. He has stated that co-accused Rinky @ Nikky booked the room in his hotel. Ram Avtar PW5 is an Ac-count-cum-Booking Clerk of Aggarwal Dharamshala. He has alleged that they stayed in his Dharamshala on 14. 09. 2005. Dr. Meenakshi Uniyal PW6 is the doctor who has conducted the medical examina tion on the body of the prosecutrix. Con stable Narendra Singh PW7 is the formal witness. Jyoti Prakash Uniyal PW8 is the employee of Aggarwal Dharamshala, Rishikesh where the appellant, co-accused and the prosecutrix resided in a room on 09/09/2005 and III 09/2005. S. I. R. K. Chauhan PW9 is the Investigating Officer of this case. Fakir Chand PW10 is the peon who has stated that the prosecutrix was a student of Ram Public Junior High School. He has also brought the record of the school alongwith him. He has stated that according to the record the prosecutrix date of birth is 20th Septem ber, 1988.