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2009 Supreme(HP) 790

KULDIP SINGH
Puran Chand – Appellant
Versus
State of Himachal Pradesh – Respondent


JUDGMENT

Kuldip Singh, J.

1. This appeal has been directed against the judgment dated 16.3.2009 passed by learned Sessions Judge, Sirmaur District at Nahan in Sessions Trial No. 17-ST/7 of 2007 convicting the appellant under Section, 376 read with Section 506-I IPC and sentencing to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for a further period of one year under Section 376 IPC and to undergo simple imprisonment for three months under Section 506-I IPC. The substantive sentences shall run concurrently, the amount of fine, if realized, shall be paid to the prosecutrix as compensation.

2. The prosecution case in brief is that on 11.9.2006 PW-1 prosecutrix aged 17 years got an FIR No. 186/2006 registered at Police Station, Nahan. She has stated that on 20.8.2006 at about 12.30 p.m. she had taken her goats for grazing in the forest at a distance of about 1/2 K.M. from the village. She was sitting alone on a foot-path, at about 2 p.m. somebody caught hold of her from her back and she found accused had caught hold of her. She asked him the reason for holding her, he did not respond. He made h





























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