JUDGMENT

Anoop Chitkara, J. - The present appeal has been filed by convict Om Prakash, under section 374 of the Code of Criminal Procedure, 1973 assailing the judgment dated 22.6.2016, passed by the Additional Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 19 of 2014, whereby he has been convicted for having committed an offence punishable under Section 376 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for a period of seven years and pay a fine of INR 20,000/-, and in case of default of payment to fine to further undergo simple imprisonment for three months. The trial Court further ordered that out of the amount of fine so imposed upon the convict, an amount of INR 15,000/- be paid to the victim as compensation, on its realisation. The period for which, the convict already remained in custody, was also set off by giving him the benefit of section 428 CrPC, 1973.

2. The gist of the facts apposite to arrive at a just conclusion, are as follows:

(a) One Rajesh Kumar (who appeared during the trial as PW-1), made a written complaint to the SHO Police Station Talai, Distt. Bilaspur, H.P. on 17th March 2014. He informed the police that his wife has left he