KESHAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal as sails the judgment and order dated 02.03.2009, passed by the learned Addl. Sessions Judge, Narnaul, (for short, 'the trial Court'), whereby, the appellant has been convicted and sentenced as under:-

(2.) The brief facts of the case in hand, recorded by the learned trial Court, emanating from the FIR, are that the complainant, Rajbir, submitted written complainant dated 04.07.2008, stating therein that on 01.07.2008, he and his wife Saroj had gone to the fields at 9.00 a.m. for fetching grass, leaving behind their daughter, the prosecutrix, aged 14/15 years and grand daughter, aged 5/6 years, in the house. Accused Keshav, on finding their daughter alone in the house, committed rape upon her and threatened her that she will be eliminated in case she narrated the incident to her parents. At about 11.00 a.m., the complainant and his wife came back home and found the prosecutrix weeping. She told them the entire incident. Efforts were made for intervention of Panchayat but the appellant and his father threatened them for the consequences if they reported the matter to the police.

(3.) In this background, FIR No. 79 dated 04.07.2008, came to be registered at Police Station Satnali, under Sections 452/376 and 506 IPC. Upon investigation, site plan of the place of occurrence was prepared, the accused was arrested and the prosecutrix was got medico-legally examined from the Government hospital.