AASU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Aasu @ Pehlwan herein the appellant has preferred this appeal against the judgment/order dated 11.7.2000/13.7.2000 by which, he was convicted under Sections 366A and 376 IPC and sentenced to undergo R.I. as under :

(2.) The FIR No. 63 dated 12.3.1998 was registered on the statement of the prosecutrix in which she has stated that 20 days ago her father had gone out of station. At about 10.00 PM when she was sleeping with her mother outside the hut, Aasu @ Pehlwan came to their house and after awakening her told that Maksoodan his wife had called her. She accompanied him. On reaching the house of the accused, she enquired from him regarding the where abouts of Maksoodan. She further stated that there was a cot on the first floor and he raped forcibly against here wish. The accused threatened to kill her that in case she raised a noise he will be killed with the knife, he was caring. She remained with him for about two hours. It took about 2 hours for the accused who went on committing rape on her without her consent. He committed rape 3-4 times. She further stated that she became unconscious at that time. After 10- 15 minutes when she became conscious, she came back to her house and told the whole story to her mother.

(3.) The statement of the prosecutrix was recorded by Sub Inspector Dharam Pal PW10. After completion of investigation challan against the accused was presented in the Court of Judicial Magistrte who committed it to the Court of Session for trial.