JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the following:-

“(i) Judgment and Order dated 31.07.2006, passed in Criminal Case No.1250 of 2004, State vs. Dharmendra, by the court of Special Judicial Magistrate, Rishikesh, District Dehradun (for short, “the case”).

By it, the revisionist has been convicted under Section 279 IPC and sentenced to one month imprisonment with a fine of Rs.500/-; under Section 338 IPC sentenced to two months imprisonment with a fine of Rs.500/- and the revisionist has been convicted under Section 304-A IPC and sentenced to 06 months imprisonment with a fine of Rs.2000/-.

(ii) The judgment and order dated 22.12.2009, recorded in Criminal Appeal No.40 of 2006, Dharmendra vs. State, by the court of Additional Sessions Judge, Rishikesh, District Dehradun. By it, the judgment and order dated 31.07.2006, passed in the case has been upheld.”

2. Heard learned counsel for the parties and perused the record.

3. Facts necessary to appreciate the controversy briefly stated are as follows. On 30.08.2004, deceased, a girl of 13 years of age was standing on the left side of a road at 10:30 in the morning when a vehicle bearing Registration No. U