NIKKA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present appeal is directed by the appellant against his conviction passed in Sessions Trial No.11 of 2008 dated 29th January, 2009/2nd February, 2009 for the offences punishable under Sections 363, 366 and 376 (1) of the Indian Penal Code, whereby he was sentenced by the learned trial Court to undergo imprisonment as under: Offence Sentence Under Section 363 of Three years rigorous imprisonment Penal and to pay a fine of ` 2,000/- and in the Indian Code. payment of fine to further undergo one month's simple imprisonment. Under Section 366 of Four years rigorous imprisonment Penal and to pay a fine of ` 3,000/- and in the Indian Code. payment of fine to further undergo two months' simple imprisonment. Under Section 376 (1) Eight years rigorous imprisonment of the Indian Penal and to pay a fine of ` 5,000/- and in Code. payment of fine to further undergo two months' simple imprisonment. THE substantive sentence under each of the offences was ordered to run concurrently. Out of total fine of `10,000/-, if realized, was ordered to be paid as compensation to the victim through her natural guardian. THE period in police as well as judicial custody with effect from 10th January, 2008 to 2nd February, 2009 already undergone by the convict/ appellant was ordered to be set-off from the sentences in terms of Section 428 of the Code of Criminal Procedure.

(2.) IN short the prosecution story can be summed-up thus.

(3.) TO prove its case the prosecution examined its witnesses and the appellant was also examined under Section 313 of the Code of Criminal Procedure. He denied the circumstances which were found attendant and put to him. His plea was that the prosecution witnesses had deposed falsely and he did not know the reasons for deposing against him and maintained his innocence.