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2020 Supreme(SC) 687

ASHOK BHUSHAN, R. SUBHASH REDDY, M. R. SHAH
Chaman Lal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant(s) : Ms. Radhika Gautam, AOR
For the Respondent(s):Mr. Sarthak Ghonkrokta, AOR with Mr. Aslam Advocate

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.09.2016/19.09.2016 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No. 36 of 2014, by which the High Court has allowed the said appeal preferred by the State and has quashed and set aside the judgment and order of acquittal passed by the learned trial Court acquitting the appellant herein – original accused for the offences under Sections 376 and 506 of the IPC and consequently has convicted the appellant – accused for the aforesaid offences and has sentenced him to undergo seven years R.I. with fine of Rs. 10,000/- and in default of payment of fine, further six months R.I. under Section 376 IPC and four years R.I. with fine of Rs.5,000/- and in default of payment of fine, further three months R.I. under Section 506 IPC, the original accused has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under :

That the father of the prosecutrix lodged an FIR against the accused with the allegations that on 1.4.2008, his wife Dhaneshwari Devi telephonically informed him at Shimla that their daughter (prosecutrix) is pregna


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