JASPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This application is filed by the applicant-accused on December II, 2000 under Section 311 read with Section 482 of the Code of Criminal Procedure. 1973 (hereinafter referred to as the Code) for production of additional evidence and examination of witnesses.

(2.) The petitioner-applicant was the original accused in Sessions Judge No. 61-N/7 of 1995. The allegation against him was that he had committed rape on Nasreen, aged about 19 years. It was also the case of the prosecution that since Nasreen was raped, she consumed poison and committed suicide. Accordingly, the petitioner was asked to face trial for offences punishable under Section 376 read with Section 306 of Indian Penal Code.

(3.) At the conclusion of the trial, the learned Sessions Judge, Sirmur. District Nahan held that the prosecution was successful in proving the charge against the accused for committing an offence punishable under Section 376 of the Indian Penal Code it however, could not prove that the accused had committed an offence punishable under Section 306 of the Indian Penal Code. Accordingly, the petitioner-accused was acquitted under Section 306 of the Indian Penal Code but was convicted under Section 376 and was ordered to undergo Rigorous Imprisonment for a period of seven years and also to pay a fine of Rs. 1,000/-. In default of payment of fine, accused was ordered to further undergo imprisonment for a period of two months.