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2024 Supreme(HP) 473

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN,J, SUSHIL KUKREJA,J
Rajesh Kumar @ Lachhu – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Shikha Chauhan, Legal Aid Mr. Karan Veer Singh, Advocate, in  Mr. N.S. Chandel, Senior Advocate, with Mr. Vinod K. Gupta, Advocate
For the Respondent:Mr. I.N. Mehta, Senior Additional Advocate General, with Ms. Sharmila Patial, Additional Advocate General, and Mr. Raj Negi, Deputy Advocate General, in all the appeals.

JUDGMENT :

Sushil Kukreja, J.

1. Since all these appeals are the offshoots of impugned judgment dated 25.02.2020 and order of sentence dated 04.03.2020, rendered by learned Special Judge Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as “the learned Trial Court”), in Sessions Case No. 12-G/VII/2015, they are being taken up together for disposal.

2. The instant appeals have been preferred by the appellants/accused persons/convicts under Section 374 of the Code of Criminal Procedure against the impugned judgment of conviction, dated 25.02.2020, and order of sentence dated 04.03.2020, passed by the learned Trial Court, in Sessions Case No. 12-G/VII/2015, whereby accused persons viz., Rajneesh, Rajesh and Ramesh were convicted and sentenced as under: Convict Rajneesh Sr. No. Offence under Fine In

default of

Sr. No.Offence under sectionSentenceFineIn default of payment of fine
1.363 IPCRigorous imprisonment (RI) for five yearsRs.5000/-Simple imprisonment (SI) for three months
2.366/120B IPCRI for ten yearsRs.10,000/-SI for six months
3.4 of POCSO ActRI for fifteen yearsRs.10,000/-SI for six months
4.3(1)(xii) of ST (Prevention of Atrocities) Act, 1989RI for two yearsRs.

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