KUNDAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has been held guilty under Section 376 IPC for committing rape upon prosecutrix (PW10) and has been sentenced to undergo life imprisonment with a fine of Rs. 50,000/-, which on realization has been ordered to pay to the prosecutrix, as compensation and in default thereof, further rigorous imprisonment for one year has been provided, by dint of judgment and order dated 13.10.2001, which has been impugned in the instant appeal.

(2.) The case of the prosecution, in brief, is that on 20.6.1999 Jagdish (PW9), a labourer and resident of Eedgah Colony,Panipat along with his daughter i.e. prosecutrix (PW10), aged about 14 years came to the police station and got recorded his statement (Ex.PH) to the effect that on 17.6.1999 Kundan son of Jagdish i.e. the appellant herein after alluring and extending threat, took her away and confined her. Now both of them were recovered from the Sabji Mandi Chowk, Panipat and produced before the police. The police was also apprised that the appellant committed rape with the prosecutrix without her consent. The statement of the prosecutrix under Section 161 Cr.P.C. to this effect was also recorded. Consequently, case FIR No. 210 dated 20.6.1999 was registered against the appellant under Sections 363, 366, 376 and 342 IPC at P.S. Model Town, Panipat. He was arrested. The prosecutrix as well as the accused were got medicolegally examined. Thereafter, final report under Section 173 Cr.P.C. was filed against him for trial.

(3.) The learned trial Court framed charges under Sections 363, 366, 342, 376 and 506 IPC against the accused, to which he pleaded not guilty and claimed trial.