BHOLU RAM Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 24.12.2015 rendered by the learned Additional Sessions Judge, Ghumarwin District Bilaspur, Himachal Pradesh (Camp at Bilaspur) in Sessions trial No. 4/7 of 2015, whereby the learned trial Court convicted the appellant (hereinafter referred to as "accused") for his committing an offence punishable under Sections 376 of the Indian Penal Code also sentenced him as under:-

(2.) Brief facts of the case are that the prosecutrix is the wife of Amit Chand (PW-7) and was residing in village Khungan. Her husband is a driver by profession and he seldom visits home. Accused alongwith the prosecutrix and her three daughters and one son had been residing together. On the intervening night of 9/10.9.2014 at about 12.30 a.m. accused came to the room of the prosecutrix and forcibly committed sexual intercourse upon her. The prosecutrix had communicated qua the aforesaid act of the accused to her father by her mobile phone. In the company of her father (PW-5) she had gone to the police station for lodging a report. The accused for the past 15-16 days had regularly been teasing the prosecutrix.

(3.) The accused stood charged by the learned trial Court for his committing offences punishable under Sections 376 and 506 of IPC to which he pleaded not guilty and claimed trial.