MOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT Mohan Lal has since expired and the appeal is being pursued by his legal heirs. However, hereinafter, the original appellant is being referred to as the accused.

(2.) ACCUSED Mohan Lal has assailed the judgment dated 12.8.2008/13.8.2008, passed by Additional Sessions Judge, Kangra at Dharamshala, Himachal Pradesh, in Sessions Case No. 4 -B/08(RBT No. 11 -B/08), titled as State of Himachal Pradesh v. Mohan Lal, whereby he stands convicted of the offence punishable under the provisions of Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 20,000/ - (on realization Rs. 10,000/ - to be paid to the prosecutrix) and in default thereof to further undergo simple imprisonment for a period of two years.

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Section 376 of the Indian Penal Code to which he did not plead guilty and claimed trial.