SANJEEV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT /accused Sanjeev Kumar, aged 20 years was put to trial for commission of offences under Sections 363/366/376 of IPC. Vide judgment dated 9.8.1990, he was acquitted of the charge under Section 376 of IPC. However, he was convicted for commission of an offence punishable under Section 366 of IPC and sentenced to undergo rigorous imprisonment for three years. Hence this appeal by the appellant/accused.

(2.) IT was case of prosecution that on 14.6.1989, Smt. Chameli (PW4) was alone in her house when at about 6.00 PM, appellant/accused Sanjeev Kumar came there. He served her some Halwa (sweet dish). Thereafter the appellant/accused told her that her son was admitted in the clinic of Dr. Ramji Dass at Rohtak. On this, Smt. Chameli accompanied the accused and proceeded towards the shop of Dr. Ramji Dass. On the way, she became unconscious and regained her consciousness on the next day. She found herself in the house of one Bal Kishan at Gurgaon. She was kept there forcibly by the appellant/accused for eight days and it was allegation against the appellant/accused that during this period, he threatened Smt. Chameli with death and committed rape on her against her wishes and without her consent.

(3.) AFTER completion of investigation, final report was prepared and submitted before the trial Court and the appellant/accused was put to trial for commission of offences under Sections 366 and 376 of IPC.