KAPTAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been directed against the judgment of conviction dated 1.6.2002 and order of sentence dated 14.6.2002 (hereinafter as 'impugned judgment) passed by learned Sessions Judge, Sonipat (hereinafter as 'trial Court), whereby the accused Appellant stands convicted for commission of the offences punishable under Section 452 and 376 IPC and has been awarded sentence of rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 1000/-under Section 376 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. The accused has been further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/- under Section 452 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Both the substantive sentences have been ordered to run concurrently.

(2.) The brief facts of the present case, as set up in the impugned judgment, are that on 10.2.2001, at about 11.00 pm, when Smt. Murti widow of Jai Parkash, aged 35 years, labourer, was sleeping in her house along with her son, namely Manoj and daughter Rekha, the accused entered her house under the influence of liquor. On seeking him, Smt. Murti asked him as to why he had come to her house to which the accused threatened her to kill if she raised an alarm. Thereafter, the accused caught hold of her and broke the string of her Salwar and committed rape on her person. When she raised voice, her children got up. Smt. Murti Devi ran out from the room and bolted the room from outside while the accused remained inside the room. She called several persons including Ramdia, Ram Chander and Roshni, etc. in whose presence, the accused was taken out from the room, however, he managed to escape from the spot.

(3.) On 11.2.2001, prosecutrix-Murti Devi approached the village Sarpanch in the morning hours and narrated the whole story, but the village Sarpanch refused to take any action against the accused. Feeling aggrieved, she went to the house of her father and narrated the entire story to him whereupon, she along with her father, went to the police station to report the matter. The police party met her at the Bus stand of village Badwasni, where she made the statement Ex.PA to the police. Her medical examination was then got conducted by the police. She also handed over one Salwar and Jamphar to the police, which she was wearing at the time of the commission of offence.