BHUPINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant -accused has infact filed two appeals against the judgment dated 19.3.2010, bearing Cr. Appeal No. 143 of 2010 and Cr. Appeal No. 490 of 2010. The Registry should not have accepted the second appeal bearing Cr. Appeal No. 490 of 2010, preferred by the same person against the judgment dated 19.3.2010. Cr. Appeal No. 490 of 2010 is thus dismissed, being not maintainable.

(2.) THIS appeal has been instituted against the judgment dated 19.3.2010 and consequent order dated 22.3.2010, rendered by the learned Addl. Sessions Judge, Fast Track Court, Hamirpur, in Sessions Trial No. 4 of 2010, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences under Sections 376, 452 and 323 IPC, has been convicted and sentenced to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo further simple imprisonment for a period of three months under Section 452 of the IPC and also sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo simple imprisonment for one month under Section 323 of the IPC. He was further convicted under Section 376(1) IPC and sentenced to undergo twelve years rigorous imprisonment with fine of Rs. 10,000/ - and in default of payment of fine to further undergo six months simple imprisonment. The sentences were ordered to run concurrently.

(3.) THE prosecution has examined as many as 13 witnesses. The statement of the accused under Section 313 Cr.P.C. was recorded. The accused has denied that he trespassed into the house of the prosecutrix, voluntarily caused hurt on her person and raped her. According to him, PW -1 had called him to her house and on his knocking the door, PW -1 opened the bolt of the door and he entered the room. Accordingly, PW -4 Manorma Devi had since noticed his entry, PW -1 felt insulted and asked him to leave the spot. The accused has also examined three witnesses in defence. The learned Trial Court convicted and sentenced the accused, as stated hereinabove.