LAWS(HPH)-2010-11-203

ARUN KUMAR Vs. STATE OF H.P.

Decided On November 19, 2010
ARUN KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) APPELLANT was convicted by the learned trial court for attempted rape under Section 376 read with Section 511 Indian Penal Code and sentenced to undergo imprisonment for a period of seven years and to pay a fine of Rs. 25000/ - with the default clause. The Appellant is in jail.

(2.) THE instant jail appeal has been directed by the convict -Appellant. Shri Rakesh Jaswal, Advocate was appointed as Legal Aid counsel vide order dated 25.10.2010.

(3.) APPELLANT was arrested on 10.9.2008. He was also got medically examined from PW4 Dr. Surinder Kumar Sharma. He was found capable of performing sexual intercourse. His wearing apparels along with underwear were sealed and sent separately for the forensic examination along with clothes of the Prosecutrix and vaginal swabs. As per report Ex. PW2/B human blood was detected on the salwar and shirt of the Prosecutrix and also on the shirt of the Appellant. No semen was detected on these exhibits. Statements of the witnesses were recorded.