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2004 Supreme(HP) 302

M.R.VERMA
ASHOK KUMAR – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the Appellant:Mr. Praneet Gupta, Advocate. For the Respondent: Mr. H.K.S. Thakur, Dy. A.G.

JUDGMENT

M.R. Verma, J. :- This appeal is directed against the judgment dated 27.12.2003 rendered by the learned Sessions Judge, Kinnaur at Rampur whereby the appellant/accused (hereinafter referred to as the accused) has been convicted under Sections 363, 366 and 376 I.P.C. and has been sentenced as follows :- Sr. No. Penal Provision Sentence imposed 1 Section 363, IPC Simple imprisonment for 7 years and fine Rs. 5000/- and in default of payment of fine further simple imprisonment for six months.

2. Section 366 IPC Simple imprisonment for 7 years and fine Rs. 5000/- and in default of payment of fine further simple imprisonment for six months.

3. Section 376 IPC Simple imprisonment for 7 years and fine Rs. 5000/- and in default of payment of fine further simple imprisonment for six months. The different terms of imprisonment awarded to the accused have been made to run concurrently.

2. Brief facts leading to the filing of the present appeal are that on 15.4.1996 Devi Ram (PW-2) lodged F.I.R. Ext. PW-2/A at Police Station, Bhawanagar under Section 363 I.P.C. on the allegations that his daughter, the prosecutrix (PW-7) had been residing with his sister at Bhawanagar to learn knitting wo



























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