REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.

1231

OF 2016

(ARISING OUT OF SLP (CRL.) NO. 5575 OF 2015)

STATE OF HIMACHAL PRADESH

.....APPELLANT(S)

VERSUS

SANJAY KUMAR @ SUNNY

.....RESPONDENT(S)

J U D G M E N T

A.K. SIKRI, J.

Leave granted.

2)

Since the matter was fixed for final disposal, counsel for both the parties

were heard in detail.

3)

It is a case where the respondent herein was charged for having

committed an offence punishable under Sections 376 and 506 of the

Indian Penal Code, 1860 (for short, 'IPC'). After trial, the Additional

Sessions Judge, Fast Track Court, Chamba, Himachal Pradesh,

convicted the respondent under Section 376(2)(f) as well as under

Section 506 of the IPC.

1

Digitally signed by

MADHU BALA

Date: 2016.12.15

16:43:52 IST

Reason:

Signature Not Verified

4)

The respondent challenged the order by preferring the appeal before the

High Court in which he succeeded as the High Court, after revisiting the

issue, has come to the conclusion that the prosecution had failed to

prove its case beyond reasonable doubt. According to it there existed

certain circumstances whi