(Sanjay Karol, J.) - The present appeal arises out of the judgment dated 26.2.2001 passed by the Sessions Judge, Kinnaur Sessions Division, Rampur Bushahr, H.P. in Sessions Trial No. 11 of 1999, titled as State v. Vinesh Kumar, convicting the accused for the offence punishable under Sections 376 and 342 I.P.C. and sentencing him to undergo rigorous imprisonment for 5 years and fine of Rs. 1000/- under Section 376 IPC and rigorous imprisonment for 6 months under Section 342 IPC. In default of payment of fine of Rs. 1000/- to further undergo sentence of simple imprisonment of six months.

2. In view of the ratio of law laid down by the Apex Court in Om Parkash v. State of H.P., reported in 2006(9) SCC 787, the name of prosecutrix is described as victim and the appellant-accused is hereinafter referred to as the accused in the judgment.

3. Shri Tarsem Lal, as tenant of Smt. Sheela Devi used to reside in one room apartment along with the victim (his wife) and two minor children at a place known as Chuhabagh (Khaneri), Police Station, Rampur, District Shimla. As tenant, accused also used to reside in the adjacent room and they shared a common bathroom.

4. Sh. Tarsem Lal