CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE accused Chaman Lal has filed this appeal against his conviction in Sessions Trial No.29 of 1997 by learned Special Judge, Mandi, whereby learned Sessions Judge by judgment of conviction and sentence dated 23.5.2000 has sentenced the accused under Section 376 IPC to undergo rigorous imprisonment for a term of four years and to pay a fine of Rs.4,000/- and in default of payment of fine to undergo rigorous imprisonment for additional term of 6 months. Out of fine amount, if realized, a sum of Rs.3000/- was ordered to be paid to prosecutrix as compensation.

(2.) THE accused was charged under Section 376 IPC read with section 3 of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act for having committed rape on prosecutrix 'D', a woman belonging to Scheduled Caste ( Teli) on or about 23.12.1995 in village Taroh, Police Station Balh. The accused was acquitted under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act but was convicted under Section 376 IPC as stated above.

(3.) THE prosecutrix was taken to the nearby fields where she was dropped, she received injury on her head and became unconscious. She regained consciousness shortly thereafter and found accused was performing sexual intercourse with her and then ran away.