MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN this appeal, Appellant has challenged his conviction passed by the learned trial Court for the offence punishable under Section 376 of the Indian Penal Code, in Trial No. 4 -S/7 of 2009, decided on 30.7.2010/ 31.7.2010.

(2.) SUCCINCTLY , the prosecution case, as emerges from the evidence, can be stated thus. PW2 Subhash alias Pankaj is the husband of the prosecutrix (23 years). Both of them are handicapped. The prosecutrix is having low understanding, her mental faculty was slightly impaired and her husband Subhash aforesaid used to stammer. They belonged to Bilaspur District, but he was residing in a rented -room at Totu near Shimla town, working as labourer with a Contractor. The prosecutrix used to visit him off and on.

(3.) ON perusing the record and the documents appended thereto, the learned trial Court found prima facie grounds to frame charge under Section 376 of the Indian Penal Code to which he pleaded not guilty and claimed trial.