SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present appeal has been filed by the Appellant against the judgment of conviction, passed by the Learned Sessions Judge in Sessions Trial No. 04 of 2007 on 6.4.2010, for the offences punishable under Sections 376 and 506 of the Indian Penal Code, whereby he has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 10,000/ - under Section 376 of the Indian Penal Code and also to undergo rigorous imprisonment for a period of two year and fine of Rs. 10,000/ - under Section 506 of the Indian Penal Code with default clauses. Both the sentences wee ordered to run concurrently. From the fine amount, if realized, was ordered to be paid to the victim as compensation. Benefit of Section 428 Code of Criminal Procedure was also granted.

(2.) THE prosecution case, as emerges from the evidence can be stated thus. In the year 2005, the prosecutrix (17 years) was studying in 7th standard in Government High School Labana, till then she had failed twice.

(3.) ABOUT 4/5 months of the alleged incident, she started vomiting, to which, her mother enquired about the cause. On this, she informed of the rape having been committed by the Appellant. On 7.12.2005 and thereafter also and she was got impregnated by him, but now he denied marrying her.