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1999 Supreme(HP) 284

R.I.KHURANA
Prem Chand – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant : Rama Mehta.
For the Respondent: Ashok Sharma and Vivek Thakur, Asstt. A.G.s.

JUDGMENT :

R.I. Khurana, J.—

1. The appellant, hereinafter referred to as the accused, stands convicted by the learned Sessions Judge, Chamba, in Sessions Case No. 39 of 1997 for the offence under Sections 376 and 506, Indian Penal Code. He has been sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- for the offence u/s 376, Indian Penal Code. Insofar as the offence u/s 506, Indian Penal Code, is concerned, the accused has been sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. It was directed that out of the amounts of fine, if realised, a sum of Rs. 4,000/- shall be paid as compensation to the prosecutrix Kumari Seema. The two substantive sentences of imprisonment was ordered to run concurrently.

2. Briefly stated, the prosecution story is this. In the year 1997, the prosecutrix Kumari Seema was working as a maid servant in the house of one Shri Dhani Ram of village Chamuhi. At that time, the accused was also working as a servant in the house of said Dhani Ram. During the period 10-4-1997 to 4-6-1997 whenever the accused used to go to the jungle to graze the cattle, he used to take the prosecutrix with him and there in

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