LAWS(P&H)-2012-9-101

PARVATI Vs. STATE OF HARYANA

Decided On September 13, 2012
PARVATI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This judgment shall dispose of both the abovementioned appeals. CRA No. 596 SB of 2001, has been filed by Parvati and CRA No. 606 SB of 2001 has been filed by Naresh Kumar @ Nesha against the judgment and order dated 12/16.4.2001, whereby Parvati was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/3-; in default of payment of fine, to further undergo for one month under Section 363 of the Indian Penal Code; further sentenced to undergo RI for ten years and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo RI for two months under Section 366 of IPC; further sentenced to undergo RI for six months under Section 342 read with Section 34 of IPC, all the sentences were order to run concurrently. Naresh Kumar accused was convicted and sentenced to undergo RI for ten years and to pay a fine of Rs. 2000/- and in default of payment of fine, to further undergo RI for two months under Section 376 of IPC and further sentenced to undergo RI for six months under Section 342 read with Section 34 of IPC. All the sentences were order to run concurrently. The facts necessary for adjudication of the matter as narrated in para nos.2 and 3 of the impugned judgement are as under:-

(2.) After completion of the investigation, the challan was presented in the Court. The accused Parvati was charged under Sections 363, 366, 342 /34 of IPC and accused Naresh Kumar was charged under Sections 376, 342 /34 of IPC, to which, they did not plead guilty and claimed trial.

(3.) In order to substantiate the charges, the prosecution has examined PW1 HC Ved Parkash, PW2 Constable Sukhdev Singh, PW3 Constable Dayal Chand, PW4 Constable Jai Bhagwan, PW5 Constable Ram Saran, PW6 SI Gurbachan Singh, PW7 Dr. Shashi Tripathi, PW8 father of the prosecutrix, PW9 prosecutrix (Name of the prosecutrix withheld in view of Supreme Court guidelines in 2004 Criminal law Journal page 1), PW10 Dr. Satish Kumar, PW11 Surjit Kumar, Investigating Officer, PW12 Smt. Harminder Kaur, Head Teacher and by tendering some documents, closed its evidence.