KANCHAN NARGU Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH the appeals are arising out of a common judgment, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. in Sessions Trial No. 2 of 2006 on 7.6.2007, whereby the appellants Kanchan Nargu and Sanjay Kumar were convicted and sentenced as follows : - Under Section 376 IPCTo undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo simple imprisonment for 1 year; Under Section 366 read with Section 34 IPCTo undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5,000/ - and in default of payment of fine, to further undergo simple imprisonment for 6 month; Under Section 363 read with Section 34 IPCTo undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 3,000/ - and in default of payment of fine, to further undergo simple imprisonment for 3 month;

(2.) THE amount of fine, if realized, was ordered to be paid to the prosecutrix, as compensation. Further all the sentences, aforesaid, were ordered to run concurrently and the period, already undergone by them in custody, is ordered to be set off.

(3.) THE factual matrix of the case, as emerges from the prosecution evidence, can be summed up thus :