KATKU @ BHUPENDRE SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Katku @ Bhupendre Singh
STATE OF UTTARAKHAND
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(1.) Heard Mr. Dinesh Chauhan, Advocate for the appellant and Mr. Amit Kapri, 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 journal 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 23.08.2012 passed by the Special Judge, Uttarkashi in Sessions Trial No.5/2010, whereby the appellant i.e. Katku @ Bhupendre Singh was convicted under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.10,000/-. The appellant /accused was also convicted under Section 506 I.P.C. and sentenced to undergo rigorous imprisonment of six months. The appellant / accused was also convicted under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the S.C. & S.T. Act) and sentenced to undergo rigorous imprisonment of one year and a fine of Rs.2,000/-. In default of payment of fine, the appellant has to further undergo rigorous imprisonment of six months. Out of the fine imposed, a sum of Rs.5,000/- shall be paid to the prosecutrix. Both the sentences are to run concurrently.;
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