UDAI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prosecutrix aged about 28 years, resident of Indira Colony, Faridabad was raped at the hands of the accused. Consequently, he was prosecuted, tried and vide judgment dated 14.1.2000 passed by the learned Additional Sessions Judge, Faridabad, convicted and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 2000/-under Section 376 IPC; rigorous imprisonment for six months under Section 342 IPC; and rigorous imprisonment for one year under Section 506 IPC.

(2.) Factual matrix of the case is that the prosecutrix (name not disclosed) was residing in Indira Colony, Faridabad along with her children. She was at her residence, while her husband Ashok Kumar being employee at Y.M.C.A. Workshop was on his duty. At about 2.30 p.m. the prosecutrix had gone to fetch water from the public water tap which was near the ration depot of the accused. After visiting the public tap, she went to the accused to enquire about the availability of the kerosene. The accused replied in positive. The prosecutrix intended to go home to bring the container, however, the accused offered to pick up the same from inside his shop. As soon as the prosecutrix went inside the shop, the accused followed her; bolted the door of the shop from inside; made the prosecutrix to lie on the ground and committed rape upon her. Cries made by her fell to deaf ears. After committing rape, the accused threatened the prosecutrix to kill her in case she informed any body and allowed her to go. After her husband returned home from duty, she informed him and then they went to the police station to lodge the report. On the basis of her statement Ex.PG, FIR Ex.PG/1 was recorded against the accused. The Investigating Officer went to the spot; prepared the rough site plan Ex.P1 and took into possession the broken bangles lying at the spot vide memo Ex.PH. The prosecutrix was taken to B.K. Hospital, Faridabad for medicolegal examination where she was examined by Dr. Shashi Bala (PW2) who opined that possibility of rape could not be ruled out. He arrested the accused on 22.7.1997 and got him medico-legally examined. Ultimately, challan was presented against him.

(3.) The accused was charged under Section 376/342/506 IPC, to which he pleaded not guilty and opted to contest.