PANKAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) The Trial Court convicted the appellant-accused for the offences punishable under Ss. 342, 376 and 201 of the Indian Penal Code, 1860 (for short, "the IPC"). The maximum sentence imposed is life imprisonment for the offence punishable under Sec. 376 of the IPC with a fine of Rs.1,00,00.00. We must note that charges were also framed against the appellant-accused for the offences punishable under Ss. 365, 354D(1)(ii) and 506 of the IPC. The Trial Court acquitted the appellant-accused as far as these offences are concerned. Apart from the appeal against conviction filed by the appellant-accused, an appeal against his acquittal for the three offences mentioned above was filed by the Prosecutrix (victim). The High Court did not interfere in the appeals preferred by the Prosecutrix and the appellant. By the impugned judgment, the judgment of the Trial Court has been confirmed by the High Court.

(3.) This is a case where, at the time of the incident, the Prosecutrix was 28 years old. Both the appellant-accused and the Prosecutrix were married. It is brought on record that the Prosecutrix was a graduate. The allegation made by the prosecutrix is that the appellant was a friend of her husband's brother. Therefore, she was acquainted with the appellant. On 22/5/2018, the appellant visited a place called Hansi to consult a doctor. When she was waiting at a bus stand to board a bus to go back to Bhiwani, where she was staying, the appellant came there. He requested the Prosecutrix to accompany him in his car as he was proceeding to Bhiwani. On the pretext that he was having stomach pain and wanted to relieve himself, he took the appellant to a room in the Jindal Guest House at Bhiwani. He bolted the door from inside and then made a forcible intercourse with the Prosecutrix. After taking her objectionable photographs, he threatened her to show the pictures to her family members if she disclosed the incident to anyone.