AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Ajit Singh was tried by the court of learned Additional Sessions Judge, Rewari, for the offences under Section 376 and 292 IPC, for committing rape on his 12 years old school going minor daughter, and distributing an obscene book to her to read. The trial court, vide its judgment dated 21.11.2006 convicted the appellant for the aforesaid offences, and vide order dated 22.11.2006, he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine to undergo rigorous imprisonment for three months, under Section 376 IPC; and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/-, in default of payment of fine to undergo rigorous imprisonment for one month, under Section 292 IPC. The substantive sentences were ordered to run concurrently. Against the said judgment and order, the instant appeal has been filed by the appellant.

(2.) The case of the prosecution is based upon the written complaint dated 5.4.2006 (Ex.PB) made by Mukesh Kumari (PW.2), wife of the appellant, to Superintendent of Police, Rewari. In the complaint, she alleged that her elder daughter (whose name is not being mentioned in the judgment and who is being referred as 'the victim'), aged 12 years, was studying in 8 th Class. The appellant had been committing rape upon the victim since October, 2005. This fact was told to the complainant by the victim in the evening on 3.4.2006, when she came back to her village Pali from the village of her maternal uncle. The victim had gone to the village of her maternal uncle about one week ago, and when the complainant asked her to return back, she started crying. When she was brought back to village Pali, she told her mother about the bad act of her father. It was also told by the victim that the appellant had also delivered an obscene book to her to read.

(3.) On receipt of the written complaint, on 5.4.2006 itself, DSP, Headquarter, Rewari, immediately marked the same to SHO, Police Station Khol, who made his endorsement (Ex.PO) on the application and sent the same to the Police Station for registration of the case against the appellant.