SATISH Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) Accused Satish was convicted under Section 376 and 506 IPC and was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 30,000/- and in default of payment of fine, to undergo further period of R.I. for 2 years under Section 376 IPC and to undergo R.I. for 1 year and to pay a fine of Rs. 2000/- and in default of payment of fine, to undergo further period of R.I. for 3 months under Section 506 IPC. He has challenged the conviction and sentence passed by the trial Court.

(2.) Pw8 Jagdish submitted an application Ex.P2 with the signature of the prosecutrix as well to the Superintendent of Police, Bhiwani. He has alleged in the said application as follows: The prosecutrix was his daughter who was studying in 8 th standard in the year 2005. She suffered from fever and refused to go to school. His wife proceeded to a medical shop run by accused Satish. Accused Satish promised that he would come to her house and give the treatment to the prosecutrix. The prosecutrix was all alone in the house after her mother had left for collecting fodder for animals. The accused came to her house and administered an injection which made her unconscious. Accused Satish raped her. She gained consciousness after about one hour and found that there was no cloth on her body. The accused again came over there. The prosecutrix threatened that she would disclose the occurrence to her parents. Co-accused Sheela came to her house and threatened that if the prosecutrix disclosed the occurrence to her parents, her parents would be done to death. Even thereafter accused Satish used to rape her and threatened her with dire consequences. Accused Sheela helped accused Satish. Sheela asked the prosecutrix to run away with accused Satish. Two or three love letters also were got written from the prosecutrix by force. Frightened that the prosecutrix would disclose the occurrence to her parents, they forcibly administered poisonous tablets to the prosecutrix on 15.5.2007. Thereafter, she was admitted to Civil Hospital, Dadri. She narrated the entire incident to the police, but no action was taken. PW8 met the Station House Officer for registration of a case. He also threatened PW8 with dire consequences.

(3.) Based on the above application, first information report was registered by ASI Dharam Chand.