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| HC allows appeal filed by convict sentenced to 7 yrs RI, Rs 5000 fine | | |
EARLY TIMES REPORT
JAMMU, JULY-23: Justice Virender Singh of J&K High Court Jammu Wing today in a criminal appeal filed by one Tsering Angchuk who was convicted u/s 376/451 RPC by the Sessions Judge Leh and awarded rigorous imprisonment for a period seven years and fine Rs 5000/- u/s 376 RPC and one year u/s 451 RPC, has acquitted accused from the charges of 376 RPC and convicted him 354 RPC and fine Rs 10,000/-. The fine if recovered shall be disbursed to the prosecutrix.
According to the prosecution case that prosecutrix a married lady was allegedly raped by the accused on March 29, 2002 in house of the complainant. A written report was lodged on March 30, 2002 on basis of which FIR was registered in the P/S Leh. According to the prosecutrix when stepped into the witness box stated that when she had came down on the ground floor, she was caught hold by the accused from the back and dragged to the room for tethering the animals and accused had slapped her and made her to fall and thereafter he did back act with her.
Justice Virender Singh after hearing PN Raina appearing for the appellant and AAG PC Sharma appearing for the state observed that report of the lady doctor shows that the accused had assaulted or used criminal force on her knowingly that by that act he was likely to outrage her modesty. Entering into the house of the prosecutrix in absence of her husband also attributes intension of the accused to commit his mischief falling within the ambit of 354 RPC (outrage of modesty). Court does not find any reason to disbelieve the case of the prosecution to this extent. Therefore, Court is of the considered view that he has no escape from this charge. While acquitting the accused for the charge of section 376 RPC, Court instead convict him u/s 354 RPC. So far as conviction u/s 451 RPC is concerned, it does not call for any discussion as once the story of the prosecution believed by the Court for the purpose of convicting the accused u/s 354, the conviction u/s 451 deserves to be upheld and order accordingly. In view of the Court the ends of the justice would be adequately met if he is sentenced to one year rigorous imprisonment u/s 354 as is also awarded for his conviction recorded 451 RPC. However, the sentence of fine would be 10,000. However both the sentences u/s 354 and 451 RPC shall run concurrently. The fine if recovered shall be disbursed to the prosecutrix. With these observations HigH Court partially allowed the appeal. The conviction and sentence of the accused u/s 376 (rape) is set-aside. The accused who is on bail, as the sentence awarded by the Trial Court was suspended by the High Court during the pendency of appeal, the bail bond furnished by the appellant in this regard stands cancelled effective steps be taken by all the quarters concerned for taking him into custody for serving remainder of his substantive sentence. JNF
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