DAWOOD KHAN Vs. STATE OF J.& K.

JUDGEMENT

(1.) Instant appeal is directed against the judgment, dated 25-5-2015 passed by the Trial Court (3rd Additional Sessions Judge, Jammu) convicting the appellants under Sections 458 and 376(2)(g) RPC, and order dated 26-5-2015 awarding the punishment of rigorous imprisonment for a period of seven years each under section 458, RPC and fine of Rs. 20,000.00 in default of fine to undergo simple imprisonment for a period of three months each. Punishment of rigorous imprisonment of 14 years under Sec. 376(2)(g), RPC and fine of Rs. 50,000.00 each in default of payment of fine shall have to undergo simple imprisonment for a period of six months each. Both the sentences imposed have been directed to run concurrently. The period undergone in custody during investigation has to be set off. In case fine is realized, then the amount of fine, i.e. Rs. 1.4 lakhs shall be paid to the prosecutrix as compensation.

(2.) Registration of the case as Crime No. 139/2008, P/S Satwari for commission of offences punishable under Sec. 458/376, RPC on completion of investigation culminated in presenting the charge sheet (challan) before the Court of Judicial Magistrate 1st Class (Munsiff) Jammu on 6-10-2008. On the same date has been committed to the Court of Sessions Judge, Jammu, who has assigned it to the 1st Additional Sessions Judge, Jammu. Later on has been transferred to 3rd Additional Sessions Judge, Jammu.

(3.) Charge against both the accused on 27-10-2008 has been specifically framed for commission of both offences however words ' Sec. 358 RPC' has remained to be mentioned in the charge sheet so framed, which in any case is not to cause any prejudice to the accused because the charge framed is clear and has been clearly known to the accused all along during trial.