SONU SHARMA @ ASHWANI S/O NARENDRA SHARMA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Sonu Sharma @ Ashwani S/O Narendra Sharma
STATE OF UTTARAKHAND
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(1.) This Criminal Jail Appeal is directed against the judgment and
order dated 27-8-2009, passed by Addl. District and Sessions
Judge/4th F.T.C. Dehradun, in Sessions Trial No. 44 of 2008 State vs.
Sonu Sharma @ Ashwani, whereby the accused was found guilty of
offences U/S 376 (2)(f) and was sentenced to undergo R.I. for ten
years and to pay a fine of Rs. 10,000/- and failing in depositing the
fine, to further undergo six months S.I. The accused was also found
guilty U/S 363 I.P.C. and was sentenced to undergo one year's R.I.
with a fine of Rs. 1000/- and in default of payment of fine to further
undergo S.I. for one month. He was further convicted U/S 506 I.P.C.
and was sentenced to undergo six months R.I. and a fine of Rs. 500/-
and in default of payment of fine to undergo S.I. for ten days. All the
sentences were to run concurrently.
(2.) The prosecution case, in brief, is that written complaint, Ext.
Ka.1 was lodged by Navneet Kumar, father of Km. Pragya, on
3.12.2007, with the Police Station Raiwala District Dehradun. It was
mentioned in the written complaint that on 29-11-2007 at 8-30 p.m.
when he and his wife had gone for a walk after their dinner and their
daughter Km. Pragya, aged about six years and Km. Shradha aged
three years were at home and when they returned from the walk they
found that Km. Pragya was crying and on inquiry they came to know
that accused Sonu, on the pretext of getting her chocolate, took her to
vacant flat bearing No.36 and committed rape on her along with one
more person Satbir. On the basis of said complaint, Chick F.I.R. Ext.
Ka.8 was prepared and a case crime No. 183/2007 U/Ss 376/120-
B/506 I.P.C. was registered against the accused. The investigation of
the case was conducted by Sri B.L. Sah, Station Officer. He prepared
the site plan of the place of occurrence, Ext. Ka.10, arrest memo Ext.
Ka.11, seizure memo of cloths of prosecutrix and accused Ext. Ka.2
and Ka.12. The girl was medically examined by the doctor on
3.12.2007 and prepared medical report Ext. Ka.5. The girl was given
in the supurdagi of her father and memo of supurdagi Ext. Ka.3 was
prepared. The I.O. after completing the investigation submitted charge
sheet, Ext. Ka.13 against the accused.
(3.) The case was committed to the court of Sessions by the Judicial
Magistrate vide order dated 24.4.2008.;
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