DILSHAD ALIAS PINNU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Appellant was charged and tried for the offences punishable under Sections 376 read with Section 511 of the Indian Penal Code, but the offence under Section 354 of the Indian Penal Code was proved, hence he was accordingly convicted by the learned Sessions Judge, in Sessions Trial No. 5 -N/7 of 2002 dated 27.3.2004, and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3000/ -. In default in payment of fine, the Appellant was also sentenced to undergo simple imprisonment for a period of three months. The fine if realized was ordered to be paid as compensation to the prosecutrix. Hence, the appeal.

(2.) IN short, the prosecution story can be stated thus.

(3.) FINDING a prima -facie case against the Appellant for the offences punishable under Section 376 read with Section 511 of the Indian Penal Code, he was accordingly charge -sheeted, to which he pleaded not guilty and claimed trial.