LAWS(HPH)-2007-11-11

RAJ KUMAR Vs. STATE OF H.P.

Decided On November 06, 2007
RAJ KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 24th January, 2007 passed by Additional Sessions Judge, Fast Track Court, Kangra at Dharamsala in S.C.No.14-G/VII/2006, S.T.No.11/2006 titled as State of H.P. Vs. Raj Kumar convicting the accused for an offence under Sections 376 and 341 of the Indian Penal Code (hereinafter referred to IPC) and sentenced to undergo imprisonment for a term of seven years rigorous imprisonment and fine of Rs.25,000/- for the offence under Section 376 I.P.C. and in default thereof to further undergo simple imprisonment for one year. For the offence under Section 341 he was sentenced to undergo simple imprisonment for one month. 1 Whether reporters of Local Papers may be allowed to see the judgment?

(2.) IN view of the ratio of law laid down by the apex Court in Om Parkash Vs. State of U.P., reported in (2006) 9 SCC 787, the name of prosecutrix is described as victim and the appellant-accused is hereinafter referred to as the accused in the judgment. The case of the prosecution as borne out from the record is as under:

(3.) AFTER completing the investigation the challan was presented in the Court for trial and the charges against the accused under Sections 376 and 341 I.P.C. were framed. The accused pleaded not guilty and claimed trial.