REGENT COMPUTRONICS PVT. LTD.

CHAMAN LAL Appellant

V/S

STATE OF HIMACHAL PRADESH Respondents

Referred Judgements :-

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.09.2016/19.09.2016 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No. 36 of 2014, by which the High Court has allowed the said appeal preferred by the State and has quashed and set aside the judgment and order of acquittal passed by the learned trial Court acquitting the appellant herein - original accused for the offences under Sections 376 and 506 of the IPC and consequently has convicted the appellant - accused for the aforesaid offences and has sentenced him to undergo seven years R.I. with fine of Rs. 10,000/- and in default of payment of fine, further six months R.I. under Section 376 IPC and four years R.I. with fine of Rs.5,000/- and in default of payment of fine, further three months R.I. under Section 506 IPC, the original accused has preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:

(3.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal passed by the learned trial Court, the State preferred appeal before the High Court and by the impugned judgment and order and on re-appreciation of the entire evidence on record, more particularly the medical evidence, the High Court has reversed the order of acquittal and has convicted the accused for the offences under Sections 376 and 506 IPC by observing that the prosecutrix was not in a position to understand the good and bad aspect of the sexual assault. On re-appreciation of the entire evidence on record, the High Court came to the conclusion that the IQ of the prosecutrix was 62 and that she had mild mental retardation.

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CHAMAN LAL Vs. STATE OF HIMACHAL PRADESH

Referred Judgements :-

JUDGEMENT

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