JUDGMENT

K.M. Joseph, J.

This is a criminal appeal by special leave challenging the order dated 11.5.2010 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 615 of 2002 affirming the conviction of the appellant under Sections 376 and 506 of the Indian Penal Code. In short, the case of the prosecution is as follows:

In December, 1999, the appellant committed rape upon P.W.2. It is also the further case that P.W.2 was intimidated by the appellant and another co-accused. The appellant was charged under Sections 376 and 506 IPC read with Section 34 of the Indian Penal Code and co-accused was charged under Section 506 read with Section 34 of the IPC. The trial Court found the case in favour of the prosecution and after convicting the appellant and co-accused sentenced the appellant to simple imprisonment for 7 years and a fine of Rs. 10,000/- with default sentence for the offence punishable under Section 376 of the IPC. He was also sentenced for 2 years for the offence punishable under Section 506 IPC. Both the sentences were to run concurrently. The co-accused stands acquitted by the High court whereas the appeal filed by the appellant was unsuccessful.

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