CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by Chander son of Kanhaiya Lal. He was tried along with one Premveer, acquitted accused, in case FIR No. 89 dated 4.2.1999, registered at Police Station Central, Faridabad, under Sections 376 and 120-B IPC.

(2.) The Court of Additional Sessions Judge, Faridabad, vide its judgment dated 12.2.2002, had acquitted the appellant for the offence under Section 376 IPC but found him guilty for the offence punishable under Section 376 read with Section 511 IPC. Vide a separate order dated 15.2.2002, the appellant was sentenced to undergo rigorous imprisonment for the said offence for a period of five years and to pay a fine of Rs. 5,000/-. It was further ordered that in default of payment of fine, the appellant would further undergo rigorous imprisonment for a period of one year and three months.

(3.) FIR Ex. PG/2 was lodged in the present case on the statement Ex. PG made by the prosecutrix (her name is withheld in order to protect her identity). The prosecutrix, in her statement, stated that she was resident of Sant Nagar, Mathura Road, Faridabad. Her father was running a Tea stall near the smadh of Peer Baba. They were nine brothers and sisters, out of which, two were brothers and seven were sisters. She was at number four. On 3.2.1999 at about 7.30 P. M. , she was alone at her house. Her father had gone to meet her elder sister who was married. Her mother and other siblings were at the tea stall. At that time, Chander, who used to visit Premveer in the neighbourhood, had come. Chander used to sleep at the house of Premveer. Therefore, he was known to the prosecutrix. Chander arrived at the house of the prosecutrix and forcibly caught hold of her hand and dragged her to the house of Premveer. At that time, nobody was at the house of Premveer. He forcibly removed the clothes of the prosecutrix. When the prosecutrix raised a noise, her neck was pressed due to which blood started oozing from her mouth and face. Her bangles were also broken. It was also stated that Chander wanted to commit rape forcibly with the prosecutrix. On the noise raised, her mother Sitara and brother Shabir were attracted at the spot. On seeing them, the accused- appellant ran away from the spot. After her father returned home, the complaint was made to the police.