(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh against Joginder Singh, accused-respondent (hereinafter referred to as accused) for setting aside the judgment acquitting the accused under Sections 366 and 376 of the Indian Penal Code.
(2.) The appeal arises from the judgment of learned Addl. Sessions Judge, Una, dated 19.12.2009, wherein the learned Addl. Sessions Judge, Una, has acquitted the accused under Sections 366 and 376 of the Indian Penal Code. However, convicted the accused under Section 363 of the Indian Penal Code and has sentenced him with two years rigorous imprisonment alongwith a fine of Rs. 5000/- (rupees five thousand only) and in default of payment of fine the convict further undergo simple imprisonment for two months.
(3.) Learned defence counsel for the accused has stated at the bar that accused has not maintained any appeal against his conviction under Section 363 of the Indian Penal Code and sentence imposed by the learned Addl. Sessions Judge, Una, vide the impugned judgment.