( 1 ) THE State of Himachal Pradesh calls in question legality of the judgment of the High Court of Himachal Pradesh directing release of the respondent-accused under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as "the Act") while upholding the conviction for an offence punishable under Sec. 376 read with Sec. 511 of the IPC, 1860 (in short "ipc" ). The factual aspects need not be gone into in detail as the view expressed by the High Court has to be tested on the principles of law.

( 2 ) THE victim and the accused are related to each other, the latter being the cousin brother of the former. Law was set in motion on 1/8/1989 on the accusation that the accused committed rape on the victim. Investigation was undertaken and the accused faced trial. The trial Judge was of the view that commission of rape was not established. However, an attempt to do so was established unerringly. Three years custodial sentence and a fine of Rs 3000 was imposed. In appeal, the High Court upheld the conviction, but considering the relationship and the age of the accused, applied Sec. 4 of the Act.

( 3 ) ACCORDING to learned counsel for the appellant State, looking at the gr