PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has challenged his conviction and sentence passed by the learned Sessions Judge in Sessions Trial No. 19-S-7 of 2010, on 30.12.2010, for the offences punishable under Sections 342, 376(1) and 506 of the Indian Penal, whereby he has been sentenced as under: <FRM>JUDGEMENT_1680_TLHPH0_2011_1.html</FRM>

(2.) Precisely, the facts which emerge from the evidence on record can be summed up thus. PW9 Jaswinder Kaur, was married to Rakesh Kumar, resident of Garshankar (Punjab), 25 years back. Thereafter they shifted to Shimla and hired a quarter at 'Ghora Chowki' (Shimla), where they lived for sometime and she (PW9) worked as Sweeper in HP Govt. Printing Press situated nearby. Rakesh Kumar aforesaid worked as a tailor with some one at Shimla. After solemnization of her marriage with Rakesh Kumar aforesaid she did not conceive any child for about eights years, then vide Ext.PW9/A, adoption-deed they adopted the prosecutrix, daughter of Balbir Singh, who was in relation from the side of her husband. The adoption-deed was prepared after about eight months of her adoption and her date of birth was got registered in the office of the Municipal Corporation, Shimla, showing them as her parents. Jaswinder Kaur on having been promoted as Daftri, was allotted Quarter No. 8 in Block No. 1 in the 4th storey near her work place. Her husband died sometime before the alleged incident.

(3.) After completing the investigation, Challan was presented in the Court for the trial of the accused. After complete trial he was convicted and sentenced as aforesaid.