RAPHIK @ ASHOK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment/order dated 16/17.2.2000 whereby the learned Additional Sessions Judge, Bhiwani, convicted the appellant under Sections 363 and 376 of the Indian Penal Code for having committed brutal rape upon a minor girl Deepika, aged about 8-1/2 years. The appellant was sentenced to undergo rigorous imprisonment for a period of four years and also to pay a fine of Rs. 4,000/- for the offence punishable under Section 363 of the Indian Penal Code and in default of payment of fine, the appellant was ordered to further undergo rigorous imprisonment for six months. The appellant was also sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5,000/- for the offence punishable under Section 376 of the Indian Penal Code and in default thereof, to further undergo rigorous imprisonment for one year. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution is unfolded by the statement of complainant Smt. Sarla Devi, mother of the prosecutrix. The complainant stated that she has three daughters, namely, Deepika, Mohini and Saloni, aged 8-1/2 years, 6- 1/2 years and 5 years respectively. On 2.6.1998, at about 1.15 p.m., her daughters had gone to shop to purchase toffee, but after five minutes, her daughters Mohini and Saloni were seen coming back and when she enquired from them about Deepika, they told that one boy had taken her somewhere on the pretext to purchase the toffee. She further stated that on her complaint, a case was registered under Section 363/366 of the Indian Penal Code and the girl was recovered on the same day. During investigation, prosecutrix Deepika was got medico-legally examined and Section 376 of the Indian Penal Code was also added. The accused-appellant was arrested on 2.9.1998 and the challan was presented.

(3.) The accused-appellant was charge-sheeted under Sections 363/376 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.