RAJU ALIAS RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.4.1998/order of sentence dated 21.4.1998 passed by the court of learned Additional Sessions Judge, Hisar whereby he convicted and sentenced the accused Raju alias Raj Kumar to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,000/- under Section 376(1) of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for one year. He has been further sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- under Section 366-A of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) The prosecution story as unfolded by the prosecutrix (name not disclosed in view of Premiya @ Prem Prakiash v. State of Rajasthan, 2008 4 RCR(Cri) 539, is that on 24.5.1996 at about 2.30 P.M. she had gone to fetch water from a hand pump. On the promise of marriage, the accused enticed her away and committed rape on her repeatedly. On the basis of her father Ruli Ram's statement, the case was registered under Sections 363/366 of I.P.C.

(3.) The accused was charged under Section 366-A/376 of the Indian Penal Code to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined Assistant Sub Inspector Raj Kumar PW-1, Head Constable Tek Chand PW-2, Dr. Saroj Bhukal PW-3, Assistant Sub Inspector Partap Singh PW-4, Constable Pritam Singh PW-5, the prosecutrix PW-6, Roshni mother of the prosecutrix PW-7, Dr. R.K. Chaudhary PW-8, Constable Radhey Sham PW-9, Sub Inspector Mohan Lal PW-10 Investigator, Ruli Ram PW-11 father of the prosecutrix and closed its evidence.