GURMEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In the present appeal, the appellant has challenged his conviction and sentence passed under Section 376 of the Indian Penal Code, by the learned trial Court, in Sessions Case No. 8 of 2009, on 17.9.2009, in this appeal.

(2.) In short, the prosecution story as emerges from the evidence on record can be stated thus. The prosecutrix (about 23 years) was an unmarried graduate. Her elder brother was residing and working at Talwara and younger one was serving at Faridabad as Electrician. Her father had died and she was residing with her mother in village Gangret, Tehsil Amb, District Una, H.P. The appellant, a resident of Hoshiarpur (Punjab) was running a Videography business at Talwara and used to visit the village of the prosecutrix, as such he was known to her. During his visit, appellant and prosecutrix came closer. The appellant started proposing her for marriage, whereas he was already married having two children, which fact he kept concealed. The appellant also pretended that he had a handsome earning and would provide her all the necessities of the life.

(3.) On 28th August, 2008, the appellant telephonically contacted and insisted upon her to come to Talwara to have some talk, but in turn, she told him that she was to visit Talwara, next day, i.e. on 29th August, 2008 to purchase some articles and would meet him there.