ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant in this appeal, has challenged his conviction passed in Sessions Trial No.6 of 2004, by the learned Sessions Judge, for the offences punishable under Sections 363 and 366 of the Indian Penal Code, whereby he has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of '2,000/- under Section 366 of the Indian Penal Code and also rigorous imprisonment for a period of one year and a fine of '1,000/-under Section 363 of the Indian Penal Code, with default clauses. The aforesaid sentences were ordered to run concurrently. The benefit of Section 428 of the Code of Criminal Procedure was also given.

(2.) Precisely, the case of the prosecution can be stated thus. In the year 2003, the prosecutrix (15 years approx.) was a student of 8th standard, studying in Government Senior Secondary School Pokhdhar (Nirmand). Her date of birth is stated to be 2.4.1989.

(3.) After recording the statements of the witnesses and completing the challan, it was presented in the Court for the trial of the appellant and his co-accused Partap Chand. They were accordingly charge-sheeted, for the offences aforesaid, but at the end of trial, Partap Chand was acquitted, whereas, appellant Ashok Kumar was convicted and sentenced as aforesaid, hence the present appeal.