TALWINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Talwinder accused-appellant has directed the present appeal against the judgment dated 05.03.2003 and order dated 06.03.2003 passed by Miss Ritu Tagore, learned Additional Sessions Judge, Fast Track Court, Ambala City vide which accused/appellant stood convicted under Section 376 and 506 of the IPC and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.3000/- and in default thereof to undergo further RI for a period of six months under Section 376 of the IPC and to further undergo rigorous imprisonment for a period of six months under Section 506 of the IPC. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 16.8.2000 ASI Baldev Singh along with other police officials was present at Panjlasa Chowk as per usual patrol and crime detection when prosecutrix along with her mother and father met him and got recorded her complaint that she is aged 17/18 years old household girl and her fields are situated near the Dera and she generally went to her fields alone to fetch fodder and grass etc. from the fields. On the date of occurrence at about 5.00p.m. Talwinder Singh @ Bittu accused, whom she knew, came to her and forcibly lift her up closing her mouth by putting his hand on her mouth and took her towards the sugar cane fields and committed rape with her against her consent. While going from the spot he criminally intimated her of eliminating her if she dare to disclose the incident to anyone. Under the fear she did not disclose this fact to any of her family members. She further stated that accused under the threat of eliminating her has committed rape with her against her consent 4/5 times after the first sexual assault. Due to fear, she did not disclose the acts of the accused to anyone. When the accused came to know that she has become pregnant, he stopped coming to her. Since she is carrying the pregnancy of 5/6 months and had also become difficult to conceal the same, finding no other alternative and without caring for the threat to her life from the accused she disclosed the facts to her parents and has come to lodge the complaint. On the basis of the aforesaid statement FIR was registered. Investigation commenced. The accused was arrested. Site plan of the place of occurrence was prepared. Statements of the prosecution witnesses were recorded. After completion of the necessary investigations challan against the accused was presented in the court.

(3.) On appearance of the accused, copies of documents as relied upon by the prosecution were supplied to the accused free of costs. The Illaqua Magistrate vide order dated 11.11.2002 committed the case to the Court of Session for trial as offence alleged against the accused was triable by said learned Court. The trial Court framed charges under Sections 363, 366, 376, 506 of the IPC against the accused to which he pleaded not guilty and claimed trial.