DEEPAK GULATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted for an offence under Sections 365 and 376 of the Indian Penal Code ("IPC"- for short) vide judgment dated 13.11.1998 by the Additional Sessions Judge, Karnal. Vide order of the even date, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and a fine of Rs.2,000/- under Section 365 IPC and rigorous imprisonment for a period of seven years and a fine of Rs.5,000/- under Section 376 IPC. Both the sentences were ordered to run concurrently. Hence, the present appeal.

(2.) Prosecution case, as noticed by the trial Court in para Nos. 2 and 3 of its judgment, is reproduced herein below:-

(3.) Learned counsel for the appellant has submitted that there was no evidence that the appellant was guilty of commission of offence of rape. In fact, initially three persons were allegedly involved in this case but ultimately only the appellant was put to trial and has been convicted by the trial Court on erroneous considerations. The medical evidence did not suggest that the prosecutrix had been raped. There was delay in lodging of the FIR. Learned Counsel has placed reliance on the decision of the Apex Court in State of Karnatka vs. Sureshbabu Puk Raj Porral 1994 (1) RCR (Criminal) 271, wherein in para 7, it was held as under:-