KISHORE KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Appellant has challenged the judgment of conviction and sentence passed in Sessions trial No. 30 of 2001, by the learned Sessions Judge, Kinnaur at Rampur Bushehar, on 9.12.2003 for the offences punishable under Sections 342, 376 and 506 of the Indian Penal Code, whereby he has been sentenced as under: <FRM>JUDGEMENT_1678_TLHPH0_2011_1.html</FRM>

(2.) The prosecution story as emerges from the evidence on record can be stated thus. Prosecutrix belongs to a tribal area and is resident of a remote village Rarang, Tehsil Moorang of District Kinnaur, H.P. She is eldest daughter of PW2 Gialchhan Dorje. On the day of incident, she is stated to be minor, borne in the year 1984.

(3.) After completing the investigation, challan was presented in the court for the trial of the accused for the aforesaid offences. During the trial, the accused took up the defence of his false implication and pleaded innocence in his statement recorded under Section 313 of the Code of Criminal Procedure. When called upon to enter into his defence, no evidence in defence was led.