RAJENDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant was charge sheeted, tried and convicted for the offence punishable under Sections 376 and Section 452 Indian Penal Code as such sentenced to under rigorous imprisonment for a period of 5 years and to pay a fine of Rs.1000/ - under Section 376 Indian Penal Code and six months for the offence punishable under Section 452 Indian Penal Code by the learned trial Court. Both the sentences were ordered to run concurrently. In default of payment of fine, the appellant, hereinafter referred to as the accused - was further sentenced to undergo simple imprisonment for a period of one month by giving set -off of pre -trial and under trial period of detention under Section 428 of the Code of Criminal Procedure.

(2.) FEELING aggrieved, accused filed the present appeal.

(3.) THE prosecutrix was got medically examined by the police from PW17 Dr. Renu Sharma, on 9.2.20 1 1. She noticed that the prosecutrix had kyphosis of lumbsacral spine (old injury). She did not notice any other injury over any part of her body. She took into possession Salwar Ext.P3, Shirt Ext. P4, Shawl Ext. P5 and Inner Ext.P6 and also preserved pubic hair and nail clippings along with vaginal smear, her under garments and blood sample.