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RAJIV SHARMA
Bitu Ram – Appellant
Versus
State of H. P. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Lakshay Thakur, Advocate.
For the Respondent: Mr. M.A. Khan, AAG.

JUDGMENT

Rajiv Sharma, J.— This appeal is directed against the judgment dated 12.10.2006 passed by learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P., in Sessions Trial No.23/2003, 66/2005, whereby accused/appellant, namely, Bitu Ram, was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000 and in default of payment of fine to undergo further rigorous imprisonment for a period of one year under Section 376 of the Indian Penal Code and to undergo rigorous imprisonment for two years and to pay a fine of Rs.l,000 and in default of payment of fine to undergo further rigorous imprisonment for a period of six months under Section 506 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

2. The case of the prosecution, in a nutshell, is that during August 2000, PW3 prosecutrix was present in her house. The accused came to her house at about 6.00 p.m. and committed rape on her. The accused also threatened her with dire consequences in case she disclosed the incident to anybody. The prosecutrix conceived and after a period of about 5-6 months, PW4 Soma Devi, mother of the prosecutrix on getting

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