BHUPINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The two appellants have been convicted for the offence under Section 376, IPC by the Additional Sessions Judge (I), Shimla and sentenced to undergo rigorous imprisonment for a period of eight years each. The two appellants have further been sentenced to pay a fine of Rs. 2,000/- each and in default of payment of fine, they have been directed to undergo rigorous imprisonment for a further period of one year each.

(2.) The two appellants are alleged to have committed the offence of rape in question on 22-7-1986.

(3.) The prosecution story may be briefly stated thus. PW.2, the prosecutrix Kumari Sumitra and PW. 3 Kumari Savita are real sisters. They are resident of village Pohach, Pargana Satota, Tehsil Chopal, District Shimla. One Kumari Kanta is their cousin. All the three were studying in a Middle School near their village. For going to the school from their village, they had to travel through a forest known as Jatania forest. The prosecutrix Kumari Sumitra at the relevant time was a student of Class VII and was about 14 years of age.