KAMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 11.03.2002 and order of sentence dated 14.03.2002, passed by the learned Sessions Judge, Faridabad, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and six months and to pay a fine of Rs. 500/- under Section 376 read with Section 511 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months and further convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 250/- under Section 506 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that prosecutrix had gone to jwar field to fetch fodder. The husband of the prosecutrix is a milk vendor and he had purchased standing crop of jwar from Kamal accused. On 03.10.2000, husband of the prosecutrix had gone to Faridabad while prosecutrix was cutting the jwar. Accused Kamal came near to her and stated he would help her in cutting the crop.

(3.) Thereafter, he caught hold of her hand and dragged her inside the jwar. He fell her down on the ground and gagged her mouth with one hand and squeezed her breast. When prosecutrix raised alarm by removing the hand of the accused, on hearing her noise, Basso and Munija, who were cutting fodder nearby, came there. On seeing them, accused Kamal ran away. While running, he threatened the prosecutrix that if she disclosed this matter to anyone, her husband would be finished. Prosecutrix came back to her house and disclosed the entire story to her husband. The father of the accused had been pressurizing the complainant and her husband for compromise. But the matter was reported to the police on 04.10.2000 and statement of the prosecutrix Ex.PB was recorded by Inspector Ranjit Singh. Again on 05.10.2000, supplementary statement of prosecutrix was recorded, in which she stated that accused had opened the string of her salvar with intention to commit forcible rape upon her and he had also opened the chain of his pant but he ran away on seeing Basso and Munija. On the basis of this statement, ruqa Ex.PB/1 was sent to the police station and FIR Ex.PB/2 was registered. Rough site plan was prepared. Accused was arrested. Statements of witnesses were recorded. After necessary investigation, challan was presented against the accused-appellant.