JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment and order dated 28.08.2021/31.08.2021, passed in Sessions Trial No. 24 of 2019, State Vs. Sanjay Semwal @ Minu and another, by the court of District and Sessions Judge, Pauri Garhwal. By the impugned judgment and order, the appellant has been convicted under Section 376 (1) and 506 IPC and sentenced as hereunder:-

“(i) Under Section 376 (1) IPC, rigorous imprisonment for a period of ten years and a fine of Rs.10,000/-. In default of payment of fine to undergo rigorous imprisonment for a further period of three months.

(ii) Under Section 506 IPC, rigorous imprisonment for a period of two years and a fine of Rs. 5000/-. In default of payment of fine to undergo rigorous imprisonment for a further period of one month."

2. The prosecution case, briefly stated is as follows:-

The prosecutrix left her house on 17.05.2019 to get some goods from the market, but she did not return. This fact was informed to the Police. On 18.05.2019, the prosecutrix returned her house at 9:15 AM. On being asked, she revealed that on 17.05.2019, at 5:35 in the evening, the appellant enticed her in a Scooty. He was ac