STATE OF HIMACHAL PRADESH Vs. ARJUN SINGH

JUDGEMENT

(1.) Sh. Arjun Singh, hereinafter referred to as 'the accused', has been convicted for the offences falling under Ss.363, 366 and 376, I.P.C. by the Sessions Judge Kangra at Dharamsala vide his judgment dated 12-1-1982. Subsequently vide his order dated 21-1-1982 the learned Sessions Judge sentenced the accused to imprisonment till the rising of the Court and to pay a fine of Rs. 5,000/- for the said conviction. In terms of the directions of the Sessions Judge the amount of fine was to be paid to the victim of the rape through her father as compensation.

(2.) The accused has filed an appeal being Criminal Appeal No.18 of 1982 to challenge his above conviction and sentence. The State has also preferred an appeal being Criminal Appeal No.16 of 1982 against the above order of sentence recorded by the Sessions Judge seeking enhancement of the sentence imposed upon the accused. This Court also took suo motu notice of the sentence imposed on the accused for the offences under Ss.363, 366 and 376, I.P.C. and feeling that the same was inadequate, issued notice to the accused in exercise of its revisional jurisdiction calling upon him to show cause why the sentence be not enhanced. The proceedings initiated at the instance of the Court had been separately registered as Criminal Revision No.17 of 1982.

(3.) Since all these three matters, namely. Criminal Appeals Nos.16 and 18 of 1982 and Criminal Revision No.17 of 1982 arise out of the same judgment and order of the Sessions Judge, the same are being disposed of by this common order.