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2016 Supreme(SC) 992

A.K.SIKRI, A.M.SAPRE
STATE OF HIMACHAL PRADESH – Appellant
Versus
SANJAY KUMAR @ SUNNY – Respondent


JUDGMENT :

A.K. SIKRI, J.

Leave granted.

2) Since the matter was fixed for final disposal, counsel for both the parties were heard in detail.

3) It is a case where the respondent herein was charged for having committed an offence punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (for short, 'IPC'). After trial, the Additional Sessions Judge, Fast Track Court, Chamba, Himachal Pradesh, convicted the respondent under Section 376(2)(f) as well as under Section 506 of the IPC.

4) The respondent challenged the order by preferring the appeal before the High Court in which he succeeded as the High Court, after revisiting the issue, has come to the conclusion that the prosecution had failed to prove its case beyond reasonable doubt. According to it there existed certain circumstances which created reasonable doubt in the version of the prosecution. It has resulted in setting aside the conviction recorded by the trial court thereby acquitting the respondent. This judgment of the High Court is assailed in these proceedings.

5) In the impugned judgment, the High Court has taken note of the prosecution case. As there is no dispute that the said version is correctly recorded b











































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