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2012 Supreme(HP) 31

R.B.MISRA, SANJAY KAROL
Rajesh Kumar @ Munnu – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates appeared:
For the appellant :Mr. Ashwani Kumar Sharma, Advocate.
For the Respondent:Mr. R.K. Sharma, Sr. Additional Advocate General.

JUDGMENT

Sanjay Karol, J.

In terms of judgment dated 2.1.2009, passed by Ld. Sessions Judge, Hamirpur (H.P.) in Sessions Trial No.20 of 2008, titled as State Vs. Rajesh Kumar, accused Rajesh Kumar alias Munnu, the present appellant, stands convicted for having committed offences punishable under Sections 452 and 376 of Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs.5,000/- for an offence punishable under Section 376 IPC and also undergo rigorous imprisonment for a period of two years and pay fine of Rs.1,000/- for an offence punishable under Section 452 of IPC and in default thereof, to undergo simple imprisonment for a period of three months and one month respectively.

2. It is the case of prosecution that on 13.8.2007 at about 10:30 P.M., prosecutrix (PW-10) lodged an FIR No.346 (Ex.PW8/A) under Sections 452 and 376 of Indian Penal Code at Police Station, Hamirpur against the accused. According to the complainant, on 10.8.2007, when Dharam Chand (PW-8) and Sheela Devi (PW-9) parents of the prosecutrix (PW-10) had gone to the hospital for purchasing medicines at about 11-12 O’clock (noon) accused came to the Ve






































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