BHUPINDER SINGH @ RAHUL Vs. STATE OF H P

JUDGEMENT

(1.) The appellant has been convicted by the learned Additional Sessions Judge-I, Shimla vide impugned judgment dated 31.10.2015/9.11.2015 in Sessions Trial No. 11-S/7 of 2015 under Sections 328 and 380 IPC and sentenced to undergo simple imprisonment for three years and fine of Rs.5000/- each for the aforesaid offences and in default of payment of fine to undergo further imprisonment for six months. However, both the sentences have been ordered to run concurrently.

(2.) The instant appeal has been filed by the appellant on the ground that the findings so recorded by the learned trial court are perverse and, therefore, deserve to be set aside.

(3.) The case of the prosecution, in brief, is that the complainant, Smt. Sandishna Chauhan, a widow, had been living with her three minor children, namely, Kumari Ayushi, Kumari Anchal and Utkarsh in a rented premises at Sarswati Nagar, Tehsil and Police Station Jubbal. Utkarsh had some heart problem for which he was being treated at AIMS, Delhi. On 2.11.2014, the complainant visited Delhi for medical check-up of her son Utkarsh and after such check-up, she on 8.11.2014 came to Railway station, old Delhi, where the appellant, who introduced himself as Rahul, met her and helped her in boarding the train. The appellant also took mobile number of the complainant. The appellant repeatedly talked to the complainant on her mobile number and eventually, on 9.11.2014 at about 4.00 P.M., when the complainant reached at Lakkar Bazaar, Bus Stand, Shimla, she met the appellant, who accompanied with her to her residence at Sarswati Nagar. The appellant resided in the house of the complainant from 9.11.2014 to 11.11.2014. On 11.11.2014 at about 9.30 P.M., after taking dinner, the appellant offered one toffee each to the complainant and her minor children, which they consumed. After consuming these toffees, they became unconscious. In the morning when the complainant and her three children were found unconscious in their room, the police was informed and rapat to this effect was lodged with the Police Chowki, Sarswati Nagar on 12.11.2014. The complainant and her children were taken to the Hospital for treatment and when the complainant regained conscious and thereafter visited her premises, she found that not only ornaments but many other household articles were missing. She then got recorded her statement under Section 154 Cr.P.C.. 'Rukka' was sent to the Police Station, Jubal where FIR No.41/2014 came to be registered under Sections 328 and 380 IPC.