PRATAP SINGH S/O DHARAM SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-65
HIGH COURT OF UTTARAKHAND
Decided on April 01,2013

Pratap Singh S/O Dharam Singh Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Heard Mr. Saurabh Adhikari, Advocate holding brief of Mrs. Pushpa Joshi, Senior Advocate for the appellant and Mr. P. S. Danu, Brief Holder for the State.
(2.) At the outset, it needs to be mentioned here that the present matter pertains to Section 376 of the I.P.C. By an amendment in the I.P.C., Section 228A has been inserted vide Act No.43 of 1983, which bars the disclosure of the identity of the prosecutrix by publication and in fact it makes it an offence. Although, printing and publication in a law general is not included in the definition of "printing and publication" in the above provision for which there are several pronouncements by the Hon'ble Supreme Court, yet, purely for reasons of abundant precaution, the name of the alleged victim has not been mentioned in the present judgment and the victim is only addressed here as the "prosecutrix".
(3.) The present appeal arises out of the judgment and order dated 03.05.2007 passed by the Sessions Judge, Pithoragarh in Sessions Trial No.10/2006, whereby the appellant i.e. Pratap Singh was convicted under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for eight years and a fine of Rs.20,000/-. In default of payment of fine, the appellant has to further undergo rigorous imprisonment for one year. The appellant /accused was also convicted under Section 506 I.P.C. and sentenced to undergo rigorous imprisonment of two years and a fine of Rs.5,000/-. In default of payment of fine, the appellant has to further undergo rigorous imprisonment of three months. The appellant was further convicted under Section 452 IPC and sentenced to undergo rigorous imprisonment of two years and a fine of Rs.5,000/- and in default of payment of fine, he has to further undergo rigorous imprisonment of three months. Out of the fine imposed, a sum of Rs.20,000/- was directed to pay to the prosecutrix. All the sentences are to run concurrently.;


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