SUKHDEV Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed against a judgement and order dated 01.11.2013 passed by the Additional District and Sessions Judge/Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Hamirpur in Special Case No. 21 of 2005, arising out of case crime No. 157 of 2004, under section 376 , 506(2) IPC and 3(1)(xii) of SC and ST Act , police station Chikasi, district Hamirpur. By the impugned order, the learned Additional District and Sessions Judge/Special Judge has convicted and sentenced the appellant Sukhdev to ten years rigorous imprisonment and a fine of Rs. 20,000/- under section 376 IPC and in default of payment of fine, the appellant was further directed to undergo three months' additional imprisonment. The appellant was further convicted and sentenced to two years rigorous imprisonment and a fine of Rs. 5,000/- under section 506 part II IPC and in default of payment of fine, he was further directed to under go one month's additional imprisonment.

(2.) However, by the same order, the learned Additional Sessions Judge has acquitted the appellant under section 3(1)(xii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the "SC and ST Act .)"

(3.) Learned Additional Sessions Judge has further directed that out of fine of Rs. 25,000/- (rupees twenty five thousand), Rs. 20,000/- (rupees twenty thousand thousand shall be paid to the victim as compensation.