KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been directed against the judgment and order passed by Additional Sessions Judge, Karnal whereby the appellant was convicted under Sections 376/511 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default thereof, to undergo further rigorous imprisonment for a period of ten months. The appellant was also convicted under Section 506 Part II IPC and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- and in default thereof, to undergo further rigorous imprisonment for a period of one month. Both the substantive sentences of imprisonment were ordered to run concurrently.

(2.) According to the prosecution, ten years' old daughter of complainant Sarla, was sleeping alongwith her sister on the roof of her house on the intervening night of 15/16.5.1995, whereas other members of her family were sleeping in the courtyard of the house. At about 2.00 A.M., she heard cries of her ten years' old daughter, who had been taken by the appellant to the staircase of the house of Yogesh and her Salwar had been removed. On seeing the complainant and her husband, the appellant fled away leaving the ten years' old girl there. On enquiry, she told her parents that the appellant had taken her there with an intention to commit rape. Application Ex.PC was moved by Sarla on 16.5.1995 when she met ASI Dharam Pal, who then made an endorsement Ex.PC/2 and sent the application to the Police Station, Butana where formal FIR No. 153 (Ex.PC/1) was registered on 16.5.1995 for offences under Sections 376/511 and 506 IPC.

(3.) During investigation of the case, ASI Dharam Pal recorded the statements of the prosecutrix, her father Ram Pal and sister Sunita. Rough site plan of the place of occurrence was prepared. The appellant was arrested. The statement of the prosecutrix was also got recorded under Section 164 Cr.P.C.