SUKH RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, hereinafter to be referred as 'the accused', was convicted and sentenced under Section 376 of the Indian Penal Code, vide judgment dated 16.2.2005/ 17.2.2005, passed in S.C. No. 47-K/ VII/03, S.T. No. 43/04, by the learned trial Court whereby he was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 25,000/-, in default to further undergo simple imprisonment for one year. It was also ordered that the amount of fine, if realized, be paid as compensation to the prosecutrix for the ordeal and trauma faced by her. Thus the accused is in appeal before this Court. Briefly stated, the facts as emerges from the evidence on record, can be stated thus. In the year 2002, the prosecutrix (19) had appeared in B.A. 1st year examination and in the month of May she was working in 'Tapovan Trust'.

(2.) After recording the statements of the witnesses, the Challan was prepared and presented in the Court for the trial of the accused.

(3.) Finding a prima facie case against the accused under the offence aforesaid, he was accordingly charge-sheeted. The accused pleaded not guilty and claimed trial.