SURAJ PARKASH Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) VIDE impugned judgment of learned Sessions Judge, Udhampur, dated 11.01.2003, appellant Suraj Parkash, stands convicted for the offences punishable under Sections 376/511 RPC and sentenced to undergo rigorous imprisonment of five years and to pay fine of Rs. 1,000/-, in default thereto to further undergo two months simple imprisonment. Aggrieved of the same, he has preferred the instant appeal, which already stands admitted vide order dated 31.01.2003.

(2.) AT the very outset, Mr. Sharma states that the appellant has already served his entire substantive sentence of five years as awarded by the learned. trial Court as he remained in jail throughout. Even the sentence awarded for default clause (two months' imprisonment) is also likely to expire. He, however, submits that the instant appeal being first appeal and already stands admitted, is, otherwise, to be decided on merits.

(3.) IN short, the case of the prosecution is that on 03.09.2000, the appellant had allegedly taken the prosecutrixwho was a minor girl of just 10-11 years (name not being disclosed), behind the bushes in a lonely place on the pretext that be would engage her and her brother in plucking guava fruit (Amrood He attempted to commit rape upon her. On this allegation he was charged under Sections 376/511 RPC.