TOLA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant, Tola Ram, has challenged judgement of conviction dated 31.8.2001 and and order of sentence dated 6.9.2001, passed by the Sessions Judge, Hisar, whereby the appellant has been convicted under Section 363, 366 and 376 IPC and has been sentenced to undergo as under: Under Section 363 IPC -R.I. for 5 years and fine of Rs.10000/-. In default of payment of fine, R.I. for 1 year. Under Section 366 IPC -R.I. for 7 years and fine of Rs.15000/-. In default of payment of fine, R.I. for 2 years. Under Section 376 IPC -R.I. for life and fine of Rs.25000/-. In default of payment of fine, R.I. for 3 years. All the sentences were ordered to run concurrently.

(2.) THE prosecution case, in brief, is that on 11.4.2000, Krishan Chand (PW5) made a statement (Ex.P6) before Mohinder Singh, S.I., Police Station City Hisar to the effect that he was working as Manager of Bishnoi Mandir/Dharamshala, Hisar for the last about 23 years . Yesterday, i.e. on 10.4.2000, at about 6.30 p.m., the accused came alongwith a girl to the Dharamshala Mandir for staying there and gave his identity as Tola Ram S/o China Ram, presently resident of Suratgarh. THE accused introduced the girl, named Ashki @ Guddi, as his daughter . THEy were allotted Room No.27 in the Dharamshala. On 11.4.2000, at about 11.00 a.m. when he alongwith Deep Chand, Tubewell Operator and Raghbir Singh, Sweeper was checking the room No.26 for cleaning purpose, they heard shrieks from inside Room No.27. THE room was pushed open and it was found that the accused was committing sexual intercourse with the Ashki (prosecutrix). THE accused was in a naked position and the Salwar of the prosecutrix was separated and her shirt was folded upwards and the prosecutrix was crying. On seeing them, the accused got frightened and tried to escape, but was captured by them.

(3.) ON the basis the statement of Krishan Chand (PW5), FIR No.208 dated 11.4.2000 under Section 363/366/376 IPC was registered against the accused.