TSERING ANGCHUK Vs. STATE JAMU AND KASHMIR

JUDGEMENT

(1.) After having been convicted under Sections 376/451, RPC, the appellant (for short to be referred to as 'accused') has preferred the instant appeal against the judgment of learned Sessions Judge, Leh-Ladakh dated 23-3-2004. He has been sentenced to undergo rigorous imprisonment for a period of seven years and also to pay a fine of Rs. 5,000/- under Section 376, RPC, in default thereof to further under-go rigorous imprisonment for one year and under Section 451, RPC, the sentence awarded is rigorous imprisonment for a period of one year and fine of Rs. 1,000/-. In default of payment of fine, to further undergo rigorous imprisonment for two months. However, both the sentences have been ordered to run concurrently.

(2.) The prosecutrix (name not being disclosed) in this case is the wife of P. W. Tundup Dorjay. He is the complainant also. The date of incident is of 29-3-2002 at about 11 a.m. in the house of the complainant falling within the jurisdiction of Police Station Leh. The written report Ex P.W. 1 was lodged on 30- 3-2002 at about 6 p.m. on the basis of which formal FIR No. 30/2002 was registered in the concerned Police Station and it reached the Illaqa Magistrate (Chief Judicial Magistrate) on 1-4-2002 at about 10.15 a.m.

(3.) During the course of investigation, the prosecutrix was examined by Dr. Nurjan Angmoo, ASM Hospital, Leh who found the following injuries on her person :-