TAHIR S/O MOHAMMAD AND ORS Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2013-4-90
HIGH COURT OF UTTARAKHAND
Decided on April 05,2013

Tahir S/O Mohammad And Ors Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) Present Criminal Appeal arises out of a judgment and order dated 15.6.2004 passed by the learned Additional District Judge / Second Fast Track Court, District Haridwar in Sessions Trial No. 239 of 1997 convicting the present appellants under Section 376 (2) (g) IPC and under Section 3(1)(XI) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and thereby sentencing them for 10 years of rigorous imprisonment under Section 376(2)(g) IPC and fine of Rs. 2000/- each, and under Section 3(1)(XI) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and fine of Rs. 500/- each.
(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 IPC, Section 228A has been inserted vide Act No.43 of 1983, in order that the identity of the alleged victim of the offence under Section 376 I.P.C. may not be disclosed.
(3.) Although, printing and publication in 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 as "prosecutrix".;


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