MANGA SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 28.9.2010 rendered by the Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in RBT SC No. 36-N/VII/10 whereby the appellant-accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 376 of the Indian Penal Code has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 25,000/- and in default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of one year.

(2.) Case of the prosecution, in a nutshell, is that prosecutrix was studying in Government Primary School, Kandwal. On 4.3.2010, when the school timing was over at about 2.30 P.M. she did not go to home. The brother of prosecutrix was called. She was sent with her brother. However, she came back. She was reluctant to go home.

(3.) Prosecution examined as many as ten witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He has denied the case of the prosecution in entirety. Learned trial Court convicted and sentenced the accused as noticed hereinabove.