PARDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant appeal has been filed against the judgment of conviction and order of sentence dated 03/05.11.2003 passed by Addl. Sessions Judge Sonepat vide which the appellant was convicted and sentenced as under:

(2.) All the sentences were ordered to run concurrently.

(3.) Prosecution case was set in motion on the statement Ex. PA of the prosecutrix recorded on 10.02.2002 by PW-SI Sant Kumar wherein she stated that on 20.12.2001 at about 7.00 pm she had gone to answer the call of nature. As soon as she got up after easing herself, the accused-appellant, who was a co-villager, caught hold of her from the rear side and dragged her to his house where he confined her in the chaubara. It was further alleged that even though she tried to raise hue and cry, the accused-appellant succeeded in taking her to his house by gagging her mouth. On reaching his chaubara, the accused-appellant subjected her to sexual assault and forcible intercourse. He threatened her with dire consequences including the elimination of her father and brothers in case she dared to put up any resistance. She further alleged that she was kept confined in the chaubara and continuously raped by the accused-appellant after administering her some intoxicants till her providential escape, as on one particular date the accused-appellant forgot to bolt the door from outside. On the basis of the aforesaid statement, FIR No. 22 dated 10.02.2002 for offences under Sections 363, 366, 344, 376, 328, 506 IPC was registered at Police Station Ganaur against the accused-appellant. On completion of investigation, the appellant after being charged for the commission of the aforementioned offences was put to trial. A supplementary statement Ex. PB of the prosecutrix was also recorded and thereafter she was medico-legally examined by PW-6 Dr. P.L. Bansal.