DALIP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 28.2.2015/2.3.2015, passed by the learned Addl. Sessions Judge, Guumarwin, District Bilaspur, H.P. (Camp at Bilaspur), in Sessions Trial No. 19/7 of 2014, titled as State of Himachal Pradesh vs. Dalip Kumar, whereby the appellant-accused has been convicted for having committed an offence punishable under the provisions of Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years and pay fine of Rs. 20,000/- and in default thereof to further undergo simple imprisonment for a period of six months, he has filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) The correctness of the findings and the legality of the impugned judgment is subject matter of challenge in the present appeal so filed by the convict through Sh. Virbahadur Verma, learned legal aid counsel.

(3.) In short, it is the case of prosecution that Krishna Devi (PW-1) had engaged the services of the accused for painting her house. On 12.3.2014, finding the prosecutrix to be alone at home, accused subjected her to sexual assault. Krishna Devi learnt about the incident late in the evening and the following day i.e. 13.3.2014 she reported the incident to the police when F.I.R. No. 21/2014, dated 13.3.2014 (Ext. PW-13/A) came to be registered against the accused under the provisions of Section 376 IPC at Police Station Bharari, Distt. Bilaspur, H.P. Prosecutrix was got medically examined through Dr. Manjula Sharma (PW-14) who issued MLC (Ext. PW-13/C). Prima facie, finding the accused to have committed the alleged crime, challan came to be presented against him in the Court for trial.