KHULASA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 16.02.2009, passed by the Sessions Judge, Gurgaon, vide which appellant Khulasa has been held guilty for the commission of offence punishable under Sections 363 and 364-A IPC and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 363 IPC and imprisonment for life and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 364-A IPC. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the prosecution case are that FIR in the present case was registered on the basis of application Ex.PA, which was presented by Surender, complainant, to Incharge, Police Post New Colony, Gurgaon. It is stated in the application that complainant Surender Kumar is running a grocery shop at his residence. He has two sons and one daughter namely Anshika aged about five years.

(3.) Accused Khulasa was working as servant at the shop of complainant.