LAWS(HPH)-2016-5-288

GANESH SINGH @ BABA Vs. STATE OF H P

Decided On May 12, 2016
Ganesh Singh @ Baba Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) Since all the appeals have arisen from common judgment, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) Cr.A. No. 140 of 2013 has been preferred by the appellant-accused (hereinafter referred to as the "accused") against the judgment and order of conviction dated 27.2.2013 rendered by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, District Kangra, H.P., in Sessions Case No. 3-N/VII/12, whereby the accused has been convicted under Sections 376/511, 307, 394, 454 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and fine of Rs.2000/- and in default of payment of fine, to undergo rigorous imprisonment for six months under Section 376/511 of the Indian Penal Code; to undergo rigorous imprisonment for seven years and fine of Rs. 5000/- and in default of payment of fine to undergo rigorous imprisonment for one year under Section 307 of the Indian Penal Code; to undergo rigorous imprisonment for seven years and a fine of Rs.5000/- and in default of payment of fine to undergo rigorous imprisonment for one year under Section 394 of the Indian Penal Code; to undergo rigorous imprisonment for two years and fine of Rs.1000/- and in default of payment of fine, to undergo rigorous imprisonment for three months under Section 454 of the Indian Penal Code; and to undergo rigorous imprisonment for two years and fine of Rs.1000/- and in default of payment of fine, to undergo rigorous imprisonment for three months, under Section 201 of the Indian Penal Code. All the aforesaid sentences were ordered to run concurrently and the period of detention undergone by the accused during investigation and trial has been ordered to be set off.

(3.) Cr. A. No. 4045/2013 has been preferred by the State for enhancement of sentence and similarly Cr.A. No. 4128/2013 has been preferred by the prosecutrix for enhancement of the sentence.