LOVELY NEGI Vs. STATE OF H. P.
LAWS(HPH)-2021-3-22
HIGH COURT OF HIMACHAL PRADESH
Decided on March 05,2021

Lovely Negi Appellant
VERSUS
STATE OF H. P. Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) The accused/appellant herein, became charged for, the, commission of offences punishable, under, Sections 341, 376 and, under Section 506 of the IPC. The learned trial Court concerned, made an order, of, conviction, vis-a-vis, the afore framed charges, under, Sections 341, 376, and, under Section 506 of the IPC and, hence, sentenced the convict, to, undergo rigorous imprisonment for a period of 10 years years, and, to pay a fine of Rs.25,000/-, for commission, of, an offence punishable under Section 376 of the IPC, and, in default of payment of fine amount, he was sentenced to further undergo simple imprisonment for a term of one year. He was further sentenced by the learned trial Court, to, undergo rigorous imprisonment, for a period of one month and, to pay a fine of Rs.5,00/-, for commission, of, an offence punishable, under, Section 341 of the IPC, and, in default of payment of fine amount, he was sentenced, to, undergo simple imprisonment for seven days. Moreover, he was further sentenced by the learned trial Court, to, undergo rigorous imprisonment, for a period of one year, and, to pay a fine of Rs.5,000/-, for commission, of, an offence punishable, under, Section 506 of the IPC, and, in default of payment of fine amount, he was sentenced, to, undergo simple imprisonment for three months. All the afore sentences are ordered to run concurrently.
(2.) The convict/accused/appellant herein, becomes aggrieved therefrom, hence, through, his casting the extant appeal before this Court, he strives to beget reversal(s) of the afore made conviction, and, the afore consequent therewith sentence(s) hence imposed, upon him, under the afore verdict.
(3.) The genesis of the prosecution story, becomes, embodied in the apposite FIR, FIR whereof becomes borne in Ex.PW11/A. The prosecutrix therein attributes to the accused criminal penal misdemeanor(s) punishable under Section 376 of the IPC. The incriminatory narratives carried therein also became subsequently echoed by the prosecutrix hence before the learned Magistrate concerned, wherebeforewhom, proceedings became drawn under Section 164 of the Cr.P.C.;


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