SHISH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Shish Pal has filed this appeal against the judgment of conviction and order of sentence dated 22.1.2008 passed by Additional Sessions Judge (I), Bhiwani, whereby he has been held guilty and convicted for the offences punishable under Sections 376 and 450 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life for the offence under Section 376 IPC. He has also been sentenced to undergo rigorous imprisonment for 10 years for the offence under Section 450 IPC. However, both the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 3.1.2007 at about 4.50 p.m. Bhajan Lal son of Sheo Chand presented an application addressed to SHO, Police Station, Sadar Bhiwani. In the application, the complainant mainly stated that on that day at about 12.30 p.m., he went to the house of his cousin Ram Sarup where he found that his mother's sister ('Mausi') Shakuntla had gone to the fields and his cousin prosecutrix was alone in the house. When he opened the door and entered in the house, then he heard the noise 'save save', he saw that his uncle Shish Ram was committing rape with his cousin prosecutrix. It is also stated in the application that his cousin is mentally retarded and handicapped. Then he locked his uncle in the room and called his aunt Shakuntla from the fields.

(3.) Thereafter, his aunt in anger caused injuries to his uncle Shish Ram. On receiving this information, 'Ruqa' was sent to the Police Station, on the basis of which FIR was registered.