BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Appellant a Nepalese, was tried for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code, but the learned trial Court acquitted him, for the offences under Sections 363 and 366 of the Indian Penal Code and convicted under Section 376 of the Indian Penal Code, for allegedly committing the offence of rape on the prosecutrix, who was less than 16 years of age, as such he was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 25,000/ -. In default of payment of fine to further undergo rigorous imprisonment for a period of one year. However, he was given the benefit of Section 428 of the Code of Criminal Procedure. The convict -Appellant feeling aggrieved by the impugned judgment of conviction, directed the present appeal.

(2.) IN brief, the prosecution case as emerges from the evidence on record, can be stated thus. Appellant was an agricultural labourer, living for the last one year with his relatives Rajesh and Poonam prior to the alleged incident. All of them were housed in the premises of one Sita Ram. (ii) Rajesh and Poonam had two daughters, who were also school going children, they had friendly relations with the prosecutrix. Because of this reason, the prosecutrix was in visiting terms with them in their house. The families of the complainant and the accused were so mixed -up together that they frequented each other in the presence of the Appellant.

(3.) APPELLANT was accordingly charge -sheeted and tried for the offences aforesaid, but convicted and sentenced only under Section 376 of the Indian Penal as aforesaid.