VIJAY Vs. STATE

JUDGEMENT

(1.) Heard Ms. Nishi Mehrotra, learned Amicus Curiae on behalf of appellant, Sri Tarkeshwar Yadav, learned AGA for the State and perused the record.

(2.) Appellant has assailed the judgment and order dated 21.04.2007 passed by the Additional District & Sessions Judge/Fast Track Court No. 4, Meerut, in Sessions Trial No.1451 of 2002 (State Vs. Vijay and others) arising out of Case Crime No.408 of 2001, under Section 363, 366, 368, 376 I.P.C., Police Station Nauchandi, District Meerut, by which co-accused Basant has been acquitted from the charge under Section 368 IPC and appellant-accused has been convicted and sentenced under Section 363 I.P.C. with rigorous imprisonment of three years and fine of Rs.1,000/- (in default of payment of fine, six months additional imprisonment), under Section 366-A IPC with rigorous imprisonment of seven years and fine of Rs. 1,000/- (in default of payment of fine, six months additional imprisonment) and under Section 376(1) IPC with rigorous imprisonment of seven years and fine of Rs. 1,000/- (in default of payment of fine, six months additional imprisonment).

(3.) In the present judgment, I do not propose to mention the name of the victim girl in view of the provisions of Section 228A I.P.C. and in pursuance of the observations made by the Hon'ble Supreme Court in para-4 in the case of State of Himachal Pradesh Vs. Shree Kant Shekari, (2004) AIR SC 4404 the prosecutrix (hereinafter referred to as 'victim').