- (1.) Leave granted.
(2.) This criminal appeal is directed against the impugned judgment and order dated 06.01.2015 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 369 of 2012 whereby it has partly allowed the said Criminal Appeal filed by the respondent-State and has upheld the acquittal order passed by the trial court in favour of the appellant herein for the offence punishable under Section 376 of Indian Penal Code (for short "IPC"). However, it has convicted the appellant for offences punishable under Sections 417 and 506 part I of IPC but instead of imposing sentence on the appellant for the aforesaid offences, vide order dated 17.03.2015 the High Court has released him under Section 4 of the Probation of Offenders Act, 1958 on his entering into a personal bond in the sum of Rs. 25,000/- with two sureties in the like amount.
(3.) Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties: On 06.01.2010, the Assistant Sub-inspector of Police (ASI), Chamba (H.P.) received a complaint from prosecutrix through the office of Deputy Superintendent of Police (DSP), Shri. K.D. Sharma, Chamba (H.P). In the said complaint, it was alleged by her that on 01.01.2010 she was raped and physically assaulted by the appellant. It was also alleged by her that when she went to the police station to register her complaint regarding the offence of rape she was threatened with dire consequences by the appellant on phone. Allegation of sexual exploitation on the pretext of marriage was also made by her in the said complaint.;