LAWS(ALL)-2018-7-4

PYARE LAL Vs. STATE OF U.P.

Decided On July 05, 2018
PYARE LAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Amit Tripathi, learned counsel for the appellant and Sri G.P. Tripathi learned counsel for the State.

(2.) The appeal arises out of the conviction of the appellant in Session Trial No. 48 of 2008 arising out of Case Crime No. 203 of 2007, Police Station-Gajner, District-Kanpur Dehat under the provisions of Sections 376, 323 IPC read with Section 3(2)(5) of the Schedule Castes and Tribes (Prevention of Atrocities) Act, 1989 by the learned Additional Session Judge, Fast Track Court, Kanpur Dehat.

(3.) The appellant was convicted under Section 376 to undergo ten years of rigorous imprisonment with Rs.5,000/- as fine, and in the event, of default of payment of fine to suffer ten months further incarceration. Similarly, under Section 323 IPC, the appellant was awarded a sentence of one year simple imprisonment with Rs.1,000/- as fine, and in the absence of deposit of fine to undergo two months further simple imprisonment.