Ishwari Rana vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 428

RAVINDRA MAITHANI
Ishwari Rana – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Lokendra Dobhal, Advocate
For the Respondent: Mr. V.S. Rawat

JUDGMENT :

The instant appeal has been preferred against the judgment and order dated 05.04.2019, passed by the Special Judge, POCSO/Sessions Court, Tehri Garhwal, District Tehri Garhwal, in Special Sessions Trial No.18 of 2018, State of Uttarakhand Vs. Ishwari Rana (“the case”). By the impugned judgment and order, the appellant has been convicted under Sections 363, 366 and 376(2)(n) IPC and Section 5(l)read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (“the Act”). The appellant has been convicted and sentenced as hereunder:-

(a) Under Section 363 IPC, three years’ rigorous imprisonment with a fine of Rs. 5,000/-. In default of payment of fine, further simple imprisonment for a period of three months.

(b) Under Section 366 IPC, three years’ rigorous imprisonment with a fine of Rs. 5,000/-. In default of payment of fine, further simple imprisonment for a period of three months.

(c) Under Section 376(2)(n) IPC, ten years’ rigorous imprisonment with a fine of Rs. 10,000/-. In default of payment of fine, further simple imprisonment for a period of six months.

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

3. Facts necessary to appreciate the