RAMESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 374 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Chamba, dated 28.9.2002, sentencing and convicting the appellant under Sections 376 and 506 I.P.C. as under:

(2.) UNDER Section 506 I.P.C.:

(3.) ON appraisal of the record of the case, it is very much clear that the prosecutrix could not be examined in Court since she died during the pendency of the case and, therefore, there is no statement on record made by her. The learned trial Court had passed his findings relying upon the report lodged by the prosecutrix and had taken it as a dying declaration and accordingly, convicted the appellant on the basis of the said report. However, a perusal of the said report shows that it is a carbon copy of the report lodged by the prosecutrix and the original copy bearing her signatures was never proved in evidence during the trial of the case. The copy proved in evidence Ext. PH allegedly bears the signatures of the prosecutrix, but the original copy having signatures of prosecutrix was not proved during the trial of the case.