MAHESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction dated 01.09.2000 and the sentence order dated 05.09.2000 passed by the learned judge, Faridabad, whereby appellant Mahesh was convicted and sentenced under Sections 450 and 376 of the Indian Penal Code (hereinafter referred to as 'the Code'). For the former offence, the appellant was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- in default whereof to undergo further rigorous imprisonment for six months. For the latter offence, the appellant was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/-, in default whereof to further undergo rigorous imprisonment for six months. Both the sentences were, however, ordered to run concurrently.

(2.) The instant F.I.R was registered against the appellant on the basis of the statement made before the police by prosecutrix (name withheld).

(3.) The prosecution case, in brief, is that on the night intervening 4/5.5.1999, Birpal husband of the prosecutrix had gone to his duty at about 8.00 P.M. After that, prosecutrix along with her minor son had slept inside the room of her house. At about 12/12.15 A.M, accused M-ahesh, who was their tenant, came down from his room and knocked at the main door of her house. On her asking, he stated that his electric light had gone out of order and he wanted to see the fault from inside her room. Thereupon, she opened the door. The accused started seeing the electric wires. In the meantime, the prosecutrix went inside her room. Accused then bolted the main door of the gate from inside. Thereafter, he entered the room of the prosecutrix and bolted the same from inside. He caught hold of her from her waist and made her to lay down on'the cot forcibly. He also gagged her mouth and then threatened her not to raise an alarm. Then he committed rape upon her. It was at about 1.15 A.M on 5.5.1999 that her husband Birpal reached there and knocked at the door. Thereupon, accused Mahesh fled away from the spot. She then narrated the entire occurrence to her husband. The prosecutrix, thereafter, in the company of her husband and his brother Hukam Singh, left for police station to lodge the report against the accused when Assistant Sub Inspector Krishan Kumar (P.W.6), Incharge Police Post Sector-11 met them on the way and the prosecutrix made statement (Exhibit P.B) before him. On the basis of statement of the prosecutrix (Exhibit P.B), the instant F.I.R was registered against the appellant. Thereafter, Assistant Sub Inspector Krishan Kumar visited the spot and prepared rough site plan (Exhibit P.H) with correct marginal notes. He got the prosecutrix medico-legally examined. The accused-appellant was arrested on the same day i.e. 05.05.1999. He was also got medico- legally examined.