SATISH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants are husband and wife. Appellant No.1 (referred to as 'A-1') faced trial before the trial Court for offences under Sections 363, 366, 376 IPC and appellant No.2 (referred to as 'A-2') for these offences read with Section 120-B IPC.

(2.) Learned trial Court convicted A-1 of the charges framed against him and A-2 under Sections 363, 366 IPC and Section 120-B read with Section 376 IPC. Both the appellants were sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.2,000/- each; in default of payment of fine to further undergo Rigorous Imprisonment for a period of six months under Section 363 IPC; Rigorous Imprisonment for a period of seven years and to pay a fine of Rs.3,000/- each; in default of payment of fine to further undergo Rigorous Imprisonment for a period of ten months under Section 366 IPC; A-1 was further sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.4,000/-; in default of payment of fine to further undergo Rigorous Imprisonment for a period of one year under Section 376 IPC; A-2 was also sentenced to undergo Rigorous Imprisonment for a period of seven years and to pay a fine of Rs.3,000/-; in default of payment of fine to further undergo Rigorous Imprisonment for a period of ten months under Section 120-B read with Section 376 IPC. The substantive sentences were to run concurrently.

(3.) First Information Report (FIR) was registered on the complaint Ex.P14 dated 22.3.2009 made in writing to the police. The prosecutrix is daughter of the complainant born on 7.10.1994. She left studies in 4th standard. A-1 was married with A-2 in the village of complainant. The appellants had been visiting the house of complainant. Both the appellants used to speak to the prosecutrix secretly. The prosecutrix was provided with a mobile phone by her maternal uncle. A-1 several times proposed that he could arrange marriage of the prosecutrix with one Manni. A-1 also gave mobile number of said Manni to the prosecutrix.