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RAVINDRA MAITHANI
Anish Kumar Bharti – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Bharat Singh, Advocate
For the Respondent:Mr. V.K. Jemini, Deputy Advocate General and Mr. Lalit Miglani, AGA

JUDGMENT (ORAL)

Ravindra Maithani, J.—Instant appeal is preferred against the judgment and order dated 11.11.2019/14.11.2019, passed in Sessions Trial No. 76 of 2018, State Vs. Dr. Anis Kumar Bharti, by the court of Additional Sessions Judge/FTSC, Haridwar. By it, the appellant has been convicted under Section 376 (2) (e) and Section 506 IPC and sentenced as hereunder:—

(i) Under Section 376 (2) (e) IPC- To undergo rigorous imprisonment for a period of ten years with a fine of Rs.50,000/-. In default of payment of fine, to undergo rigorous imprisonment for a further period of six months.

(ii) Under Section 506 IPC- to undergo rigorous imprisonment for a period of two years.

2. Facts necessary to appreciate the controversy, briefly stated, are as follows. The victim, aged about 33 years was working in some establishment at Haridwar. In a rail accident, she had lost both of her legs, below knee. She would use a three-wheeler scooty for her movements. At the relevant time, the appellant was working in a hospital at Haridwar. On 26.07.2017, the victim visited the appellant for her medical check-up. She was given medicines by the appellant and she was again called on 30.07.2017.

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