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2025 Supreme(Online)(HP) 7107

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Khelo Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Janesh Gupta, Advocate
For the Respondents:Mr. Lokender Kutlehria, Additional State Advocate General

Table of Content
1. credibility and nature of eyewitness testimony. (Para 19 , 24)
2. injury classification and legal standards on corporal harm. (Para 26 , 50)
3. outcome of appeal and implications on sentencing. (Para 54 , 56)

Rakesh Kainthla, Judge

The present revision is directed against the judgment dated 02.7.2013 passed by learned Additional Sessions Judge, Chamba, District Chamba, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 30.07.2012, passed by learned Judicial Magistrate First Class, Dalhousie, District Shimla, H.P. (learned Trial Court), were upheld. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.).

2. Briefly stated, the facts giving rise to the present revision petition are that the police presented a challan against the accused before the learned Trial Courft for the commission of offences punishable under Section s 452 , 354, 324 and 323 of the Indian Penal Code (IPC). It was asserted that the victim (name being withheld to protect her identity) was alone in her home on 05.03.2007. Her husband had gone to attend a marriage. She was sle

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