NARENDRA SINGH ALIAS RAMESH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Narendra Singh Alias Ramesh
STATE OF UTTARAKHAND
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(1.) 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, Section 228A of the I.P.C. has been inserted by 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 alleged victim is only addressed here as the "prosecutrix".
(2.) This Criminal Appeal arises out of a judgment and order of the trial court dated 27.9.2011 passed by the learned Additional Sessions Judge/Fast Track Court, Tehri Garhwal in Sessions Trial No. 23 of 2009 whereby the appellant was convicted under Section 376 IPC and sentenced for 10 years rigorous imprisonment and a fine of Rs. 10,000/-.
(3.) Brief facts of the case are that the prosecutrix who was going towards her village Dakvangaon, P.O. Dhaunikhal, P.S. Ghansali, District Tehri Garhwal after attending the fair in nearby village, was approached by the accused Narendra Singh, who was in his motor cycle, and offered to drop the prosecutrix to her village.
However, instead of dropping her house, he took her in nearby jungle and raped her. According to the version of the prosecutrix, the prosecutrix was repeatedly raped 4 to 5 times by the accused. It has also come in the evidence that the accused assured the prosecutrix that in case she conceives, he would marry her.;
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