ARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 12.6.2002 and order of sentence dated 15.6.2002 passed by Additional Sessions Judge, Gurgaon, whereby the Appellant was convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo further rigorous imprisonment for two months.

(2.) According to the prosecution, on 20.4.2001 at about 9.30/10.00 p.m., the prosecutrix, who was aged 16 years and a student of 5th standard, was sleeping in the Poli whereas her bhabi Birmati was sleeping in the room. The remaining members of her family had gone to hear the preachings of Arya Samaj in the village. While the prosecutrix was sleeping, some one picked her up. In her sleep, she thought that her mother was picking her up to make her sleep at some other place. However, when the cord of her salwar was opened, she woke up and saw that it was the Appellant, who was committing rape upon her. She started crying and on hearing the same, her mother and bhabi besides other inhabitants of the village reached there. The Appellant managed to push aside the mother and bhabi of the prosecutrix and ran away from the spot.

(3.) On the basis of the statement made by the prosecutrix before the police, FIR No. 38 dated 21.4.2001 under Section 376 IPC was registered at Police Station Nagina against the Appellant. During investigation of the case, the statements of the witnesses were recorded. The prosecutrix was got medico legally examined. The Appellant was arrested and also subjected to medical examination. Upon completion of investigation and presentation of challan followed by commitment of the case, the Appellant was charged for an offence under Section 376 IPC to which he pleaded not guilty and claimed trial.