ATMA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE challenge, in this appeal is to the judgment of conviction and sentence passed by the learned trial Court in Sessions Trial No.29 of 2007, decided on 29.9.2008, whereby the appellant is sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- for the commission of offence punishable under Section 376 of the Indian Penal Code, with the default clause.

(2.) PRECISELY, the case of the prosecution can be stated thus. The prosecutrix is a young-lady of 26 years suffering from mental retardation since her childhood. She was living with her parents in village Kinja, District Kullu. Her Whether reporters of the Local papers are allowed to see the judgment? brother is also mentally retarded but two other sisters are already married.

(3.) FINDING a prima facie case against the appellant, he was accordingly charge-sheeted for rape on the prosecutrix to which he pleaded not guilty and claimed trial.