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2010 Supreme(UK) 202

DHARAM VEER
Mukesh dhyani – Appellant
Versus
STATE – Respondent


Advocates:
For the Appellant :Mr. V.P. Bahuguna, Advocate
For the Respondent: Mr. Amit Bhatt, Addl. GA

JUDGMENT

Hon’ble Dharam Veer, J.

This appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 13.5.1997 passed by the Ist Additional Sessions Judge, Dehradun in Sessions Trial No. 155/1995, State v. Mukesh Dhyani, whereby the learned Ist Additional Sessions Judge has convicted the appellant/accused Mukesh Dhyani under Sections 363, 366 and 376 of Indian Penal Code, 1860 (for short, IPC) and sentenced him to undergo five years’ R.I. under Section 376(1) IPC and to pay a fine of Rs. 5,000/-, five years’ R.I. under Section 366 IPC and to pay a fine of Rs. 5,000/- and two years’ R.I. under Section 363 IPC and to pay a fine of Rs. 2,000/-. So far as the default in payment of fine is concerned, the accused in default of payment of fine U/s 376 IPC, was directed to further undergo an imprisonment of six month; in default of payment of fine U/s 366 IPC, he was directed to further undergo an imprisonment of six months and in default of payment of fine U/s 363 IPC, he was directed to further undergo an imprisonment of three months. However, the substantive sentences







































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