MANAK CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant before this Court has been convicted under Section 376 of the Indian Penal Code (hereinafter referred to as 'IPC') and has been sentenced for seven years of R.I. and Rs.1000/- as fine, with default stipulations. The order of the Trial Court dated 03.09.2001 has been upheld by the High Court of Punjab and Haryana as per judgment dated 19.02.2014 in appeal.

(2.) A First Information Report was lodged on 23.10.2000 by Gian Chand (complainant), who is the father-in-law of appellant's elder brother Pappu. It states that on 02.09.2000, Pappu requested the complainant to send his younger daughter (who is the present prosecutrix), to his house for taking care of her sister, who had just given birth to a girl child. It is alleged that the prosecutrix at the relevant time was 15 years of age. The prosecutrix was sent by her father to live for some time at her sister's matrimonial house. More than a month later, the prosecutrix returned to her house, tells her mother that while she was in the house of her sister, the present appellant Manak Chand @ Mani who is the younger brother of Pappu, raped her and thereafter repeated the same offence two to three times. Initially, considering the relations between the families, the matter was being "settled"?, and the two families had even agreed for the marriage of the prosecutrix with the appellant Manak Chand @ Mani. But it is alleged that the family of the appellant later turned down the offer on 23.10.2000, which led to the lodging of an FIR at Police Station City Dabwali under Sections 376, 342 and 506 of IPC. This in short is the case of the prosecution.

(3.) After investigation, charge sheet was filed on 02.11.2000 and the matter was committed to sessions where charges were framed against the appellant/accused under Sections 376 and 506 IPC. The prosecution examined 7 witnesses, including PW-5, who was the prosecutrix. The prosecution's case is that the prosecutrix was a minor on the date of the incident. In order to prove this the prosecution relied upon the date of birth of the prosecutrix recorded as 04.04.1987 in the school register. PW-5 i.e., the prosecutrix in her examination-in-chief before the Trial Court on 17.04.2001 states that she had gone to live with her sister, when a request was made by her "Jija"? (Brotherin- law) to send her to their house for help. On 12.09.2000, when her sister was away from the house and the prosecutrix was alone, the appellant came to her room and closed the door from inside, showed a knife to her and threatened to kill her if she did not succumb to his carnal desires; and then raped her. She further states that after that incident, the appellant committed the same act on the prosecutrix on two or three different occasions. She then returns to her maternal house and tells her mother Sita Devi/Sito Bai about the incident, which is admittedly after more than a month from the incident of rape. Her father Gian Chand (PW-6), also supported her version. He states that on receiving this information he visited the house of his son-in-law Pappu and narrated the entire incident to him, as narrated to him by his daughter. He then gave a proposal before the parents of the appellant for marriage of the prosecutrix with the appellant Manak Chand @ Mani, but as no positive reply was given to him, he lodged the FIR on 23.10.2000.