SHYAM SINGH ALIAS KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by Shyam Singh alias Kala, who has been convicted by the Court of Sessions Judge, Karnal, vide its judgment dated 2.8.2002, for the offence under Sections 376, 363 and 366 IPC and vide a separate order dated 3.8.2002, sentenced him as under:

(2.) THE present appeal is directed against the conviction and sentence pronounced by the trial Court. The Appellant was prosecuted in case FIR No. 249 dated 28.7.2001, registered at Police Station Sadar Karnal, under Sections 363, 366 and 376 IPC. It has come in the FIR, lodged by father of the Prosecutrix (name is withheld to protect her identity) that she as aged 17 1/2 years and the accused had also proved Matriculation Certificate of the Prosecutrix Ex. DA, wherein her date of birth is recorded as 5.1.1984 and on the day, she left her house with the Appellant i.e. on 26.7.2001, she was aged 17 years 6 months and 21 days. It was also a case of the Prosecutrix that she had accompanied the accused on promise of marriage and she stayed with him at Manimajra, Chandigarh, for about five days with a family, which was known to him.

(3.) THE aforesaid FIR was investigated. The report under Section 173 Code of Criminal Procedure was submitted and thereafter on 29.10.2001, the Appellant was charged for the offence under Sections 376, 363 and 366 IPC on the ground that on 26.7.2001 at about 2.00 P.M., in the area of village Hemda, the Appellant had committed rape with the Prosecutrix, who was less than 18 years of age and thus, committed an offence under Section 376 IPC. The Appellant pleaded not guilty and claimed trial.