PAPPAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Assailing the prosecution version and its evidence in entirety, appellant-convict Pappan son of Bijan (for brevity "the appellant") has preferred the instant appeal to challenge the impugned judgment of conviction dated 20.1.2001 and order of sentence dated 22.1.2001, by means of which, he was convicted and sentenced to undergo rigorous imprisonment (for short "RI") for a period of three months for the commission of offence punishable u/s 342 IPC, to undergo RI for a period of seven years, to pay a fine of Rs. 2000/- and in default thereof to further undergo RI for a period of six months u/s 376 IPC and to undergo RI for a period of six months u/s 506 IPC. However, all the sentences were ordered to run concurrently by the trial Court of Addl. Sessions Judge.

(2.) The epitome of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, as claimed by the prosecution, is that on 10.3.1999 at about 2 PM, the prosecutrix (PW5) (name withheld) had gone to answer the call of nature. As soon as, she reached near the house of Mehru (DW2), in the meantime, the appellant came there. He gagged her mouth with hand and forcibly took her to the house of one Om Parkash. He bolted the room from inside and asked her to take off her clothes at knife point. Thereafter, he committed rape against her will and without consent. She raised hue and cry, which attracted her father Nathi (PW4), Ramji Lal son of Ram Singh (PW8) & Gaddar Singh, who reached there and heard the shrieks of his daughter.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that on 10.3.1999, the appellant had committed forcible rape on the person of prosecutrix without her consent and will. In the background of these allegations and in the wake of statement (Ex.PC) of prosecutrix, a criminal case was registered against the appellant, vide FIR No.166 dated 10.3.1999 (Ex.PC/2), on accusation of having committed the offences punishable u/ss 342, 376 and 506 IPC by the police of Police Station NIT Faridabad as depicted here-in-above.