YAMEEN Vs. STATE OF OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
State Of Of Uttaranchal
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(1.) A first information report was lodged by Wahid against Yameen (accused-appellant), on 08.12.2001, in PS Ranipur, which was registered as case crime no. 269 of 2001, in respect of offences punishable under Section 376 IPC. After the investigation, a charge sheet was submitted against the accused for the offence punishable under Sections 376 and 506 IPC. The case was committed to the Court of Sessions.
(2.) When the trial commenced and prosecution opened it's case, charge for the offences punishable under Sections 376 and 506 IPC was framed against the accused- appellant, who pleaded not guilty and clamed trial.
(3.) PW 1 Mashroofa (victim, wife of the informant), PW 2 Wahid (informant), PW 3 Aasmin, PW 4 Doctor Deepa Sharma, PW 5 Head Constable Rishiram and PW 6 SI S.L. Azad were examined on behalf of the prosecution.
Incriminating evidence was put to the accused in statement under Section 313 Cr.P.C., in which he said that he was falsely implicated in the case. He also submitted that the informant did so on account of enmity with him. DW 1 Nawab Ali and DW 2 Sayeed were examined in defence.
After considering the evidence on record, accused Yameen was exonerated of the offence punishable under Section 506 IPC. He was convicted of the offence punishable under Section 376 IPC and was sentenced to undergo rigorous imprisonment for seven years, vide impugned judgment and order dated 04.08.2004. Aggrieved against the said judgment and order, present Criminal Appeal was preferred.;
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