SATBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant/accused No. 1, Satbir Singh, who was charged under Sections 363, 366 and 376 read with Section 120B of the Indian Penal Code (in short 'IPC') alongwith co-accused Subdha Devi, Ishwar Singh and Prem Lata, who were arraigned under Sections 363 and 366A read with Section 120B IPC, was tried by the learned Additional Sessions Judge, Fast Track Court, Shimla, Himachal Pradesh, in Sessions Trial No. 3-S/7 of 2010. The trial ended in his conviction for the offence under Section 376 IPC and acquittal on the remaining counts and imposition of consequent sentence of rigorous imprisonment for seven years and fine of Rs. 10,000/- and in default further rigorous imprisonment for six months vide the impugned judgment/order dated 18.10.2010/20.10.2010. The co-accused were acquitted of all the charges. Being aggrieved, he is in appeal before this Court.

(2.) For the sake of convenience, whereas accused No. 1 Satbir Singh shall hereinafter be referred to as the 'convict', the co accused shall be denoted as, A2 Subdha Devi, A3 Ishwar Singh and A-4 Prem Lata.

(3.) The law enforcing machinery was set in motion in this case by the complainant, Poshu Ram, who submitted complaint dated 04.07.2009, Ex. PW-10/D, to the learned Sub Divisional Judicial Magistrate, Rohru, District Shimla, Himachal Pradesh, which though later on recoiled on him as well, as would be seen hereinafter, and is to the following effect, on the basis of which FIR No. 91 of 2009, Ex. PW-10/C, dated 07.07.2009, under Sections 363, 372, 373 and 109 IPC, which is re-production of the complaint itself, was registered at PS Rohru: