JARNAIL SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The appellant felt aggrieved by the judgment of conviction and sentence passed against him by the learned trial Court in Sessions trial No. 9 of 2010, on 17.7.2010, whereby he has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of ' 25,000/- for the offence punishable under Section 376 of the Indian Penal Code and in default of payment fine to further undergo rigorous imprisonment for a period of two years. The period of detention undergone by the appellant herein, to be referred as the accused , during the investigation and trial was ordered to be set off under Section 428 Cr.P.C., hence the present appeal.

(2.) Precisely, the facts giving rise to the present appeal can be stated thus. The prosecutrix a Nepali and her husband PW1 Chinda a local resident are agriculturist residing in remote area of Chamba. They have reared about 20-25 goats and have few cattle heads. The prosecutrix is quite a rustic villager.

(3.) After completing the investigation, challan was presented in the Court for the trial of the accused. He was accordingly charge-sheeted and tried for the said offence.