CHAMAN LAL CHIMNU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dtd. 30/11/2009 and order of sentence dtd. 19/12/2009 passed by the learned Additional Sessions Judge, Kurukshetra, whereby the appellant has been convicted for the offences under Ss. 376, 452 and 506 IPC and sentenced as under:- <FRM>JUDGEMENT_96_LAWS(P&H)8_2022_1.html</FRM>

(2.) We do not propose to mention the name of the victim in view of Sec. 228-A of the Indian Penal Code, which makes the disclosure of identity of victim of certain offences punishable. The Hon'ble Supreme Court in the matter of that keeping in view the social object of preventing social victimisation or ostracism of the victim of a sexual offence for which Sec. 228-A IPC has been enacted, it would be appropriate that in the judgments, be it of the Hon'ble Supreme Court, this Court or Lower Court, the name of victim should not be indicated. Consequently, we have chosen to describe her as "victim" in the judgment.

(3.) The prosecution story as unfolded during trial is that the FIR (Ex. P-11) in the instant case was registered on the basis of the statement made by PW-10 Ashok Kumar, father of the victim. PW-10 Ashok Kumar stated that he was a labourer and had five children. The "victim" is the eldest daughter, who was aged about 12 years and was studying in 6th standard in a Government School, Dhantori. On 19/8/2008, the "victim" had gone for tuition after returning from the school. When she returned back, at that time the complainant and his wife were not at home and had gone to Kurukshetra for taking the medicines. When they returned in the evening after taking the medicines, his daughter was lying on cot silently. They enquired from the "victim" as to what was the matter, but the victim did not reply anything. On the next day, the complainant had gone to Bus Stand, Dhantori for work and when he returned in the evening, his daughter, that is the "victim", was lying silently and fearfully on the cot. The complainant and his wife Karmo Devi enquired from her gently, on which she started weeping and told that on 19/8/2008, when the complainant and his wife had gone to Kurukshetra for taking the medicines, her uncle Chaman Lal @ Chimnu (appellant) had entered their house. The appellant turned out her younger brothers and sisters and the "victim" was forcibly taken inside the room, after catching her from her arms. The accused bolted the room from inside and had put her on a cot. When the victim tried to raise noise, he had put his hand on her mouth and had committed rape upon her after removing her Salwar forcibly. After committing the crime, he went away and threatened that he would kill the victim, in case she reported the matter to anybody. Thereafter, on the next day, the complainant made telephonic calls to his relatives in that regard and brought his daughter, i.e. the "victim" to Civil Hospital, Kurukshetra. He got his daughter admitted in the hospital and prayed for legal action against the appellant/accused.