JUDGMENT

GYAN SUDHA MISRA, J. –

1. This appeal was going unrepresented as no one had appeared for the appellant to contest the matter. We, therefore, in the interest of justice, appointed an Amicus Curiae to represent the case of the appellant and assist the Court in reaching to a just conclusion.

2. Having heard the counsel for the parties and on perusal of the material on record, we have noted that this appeal is directed against the judgment and order dated 29.09.2009 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.52/2009 whereby the appeal preferred by the appellant was dismissed by the High Court. Consequently, the conviction of the appellant under Section 376 read with Section 506 – I of the Indian Penal Code was upheld and the sentence of seven years imposed on the appellant/accused alongwith a fine of Rs.5,000/ – in default of which he had to undergo simple imprisonment for a period of one year under Section 376 IPC and further to undergo simple imprisonment for three months under Section 506 – I IPC, was confirmed.

3. The case of the prosecution which led to the conviction and sentence of the appellant emerges out of the FIR No.186/2006 which was