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2021 Supreme(J&K) 568

SANJEEV KUMAR
Ab. Rehman Chopan – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: S.T. Hussain; Adil Pandit.
For the Respondent: B.A. Dar; Saba Gulzar.

JUDGMENT :

1. The learned Additional District & Sessions Judge, Handwara [“the trial Court”] vide its judgment dated 15.04.2017 has convicted the petitioner for commission of offences punishable under Section 376 and Section 506 of the RPC and vide order dated 26.04.2017 sentenced him to rigorous imprisonment for a term of ten years and fine of Rs.20,000/- for offence of rape punishable under Section 376 RPC and sentence of simple imprisonment for a term of four years and fine of Rs.5000/- for the commission of offence punishable under Section 506 RPC. It is provided that the petitioner, in default of payment of fine, shall undergo simple imprisonment for a term of six months with respect to offence of rape and will undergo simple imprisonment for a term of two months in default of payment of fine with respect to offence under Section 506 RPC. The trial Court has specifically directed that the two sentences imposed on the petitioner would run consecutively i.e. one after the expiration of the other. In compliance to the judgment of conviction by the trial Court, the petitioner is undergoing his sentence.

2. As is contended by the learned counsel for the petitioner, the petitioner has

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