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2014 Supreme(HP) 1560

RAJIV SHARMA, SURESHWAR THAKUR
Dharam Sain – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Satyen Vaidya, Advocate
For the Respondent:Mr. P.M.Negi, Dy. Advocate General

JUDGMENT :

Rajiv Sharma, J.

1. This appeal is instituted against the judgment dated 23.12.2010, rendered by the learned Addl. Sessions Judge, Kinnaur at Rampur, H.P., in Sessions Trial No. 25-AP/7 of 2008/2010, whereby the appellant-accused (hereinafter referred to as the accused) who was charged with and tried for offences under Sections 376 & 506 of the IPC, was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- and in default to further undergo simple imprisonment for one year under Section 376 IPC. He was further sentenced to rigorous imprisonment for 2 years and to pay fine of Rs. 5,000/- and in default to further undergo simple imprisonment for 6 months under Section 506 IPC. The amount realized from the accused was ordered to be paid to the prosecutrix as compensation.

2. The case of the prosecution, in a nut shell, is that on 4.4.2007, complainant Sohan Lal visited Police Station Nirmand alongwith the prosecutrix, his daughter aged 11 years. He lodged the report. He had been living in a rented house at Village Thachwa alongwith his family for the last two years. On 3.4.2007, when he came back to his quarter at 7/8 PM after

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