IQBAL MOHAMMAD Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT was acquitted for the offence under Section 376 Indian Panal Code however, convicted for offences punishable under Section 363, 366 Indian Penal Code and sentenced as under: - Sr. No. Offence under Conviction Section 1. 366 Indian Penal Code Simple imprisonment for three years and a fine of Rs.50,000/ - and in default of payment of fine, to furtherundergo imprisonment for one year. 2. 363 Indian Penal Code Simple imprisonment for two yeas and fine of Rs.20,000/ -and in default of payment of fine, to further undergo imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) APPELLANT and the Prosecutrix both profess Islam. Appellant was married and was having four children (two male and two female). The Prosecutrix had left the School in the year 2008 when she failed in the 8th standard. It is alleged that on 2ndJuly, 2009, she was around 17 years of age living with her parents in village Ladwar falling within the jurisdiction of Police Station Tissa District Chamba, H.P. Around 3 p.m. she had gone to the water spring to fetch water and from the way she was forcible dragged by the appellant and took her to the forest, where she was kept in a cave. During the intervening night of 2/3rdJuly, 2009 she was taken to his house. Wife of the appellant was not at home and the appellant is alleged to have committed rape on her.

(3.) CUSTODY of the Prosecutrix was handed over to PW6 Abdul Mohammad vide memo Ext. PW6/A, when she refused to go with her parents on 5.7.2009, but on 6.7.2009 her custody was handed over to her parents Ext. PW1/E.