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2024 Supreme(J&K) 140

SANJAY DHAR
Naresh Kumar, son of Des Raj – Appellant
Versus
UT of Jammu and Kashmir through SHO P/S Bani – Respondent


Advocates Appeared:
For the Appellant : Mr. Jagpaul Singh, Mr. Sourav Mahajan.
For the Respondent: Mr. Dewaker Sharma.

JUDGMENT :

1. The present appeal is directed against judgment dated 24.01.2024 passed by the learned Principal Sessions Judge, Kathua (‘the trial Court’ for short) whereby the appellant has been convicted for offences under Sections 363/376/343 RPC, where-after, in proof of offence under Section 363 RPC, the appellant has been sentenced to undergone simple imprisonment for a period of 07 years and to a pay a fine of Rs.5000/-, in proof of offence under Section 376 RPC, he has sentenced to undergo simple imprisonment for a period of 10 years and to pay a fine of Rs.10,000/-, and, in proof of offence under Section 343 RPC, the appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000/-. All the sentences have been directed to run concurrently.

2. Before proceeding to discuss the grounds of challenge, it would be apt to briefly state the facts that gave rise to initiation of prosecution against the appellant before the trial Court.

3. On 27.02.2018, the father of the prosecutrix PW Simru Ram lodged a report with Police Station, Bani alleging therein that on 20.02.2018, he asked her daughter (prosecutrix) to come to his residentia

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