HEM RAJ @ RAJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 12.03.2003, passed by the learned Addl. Sessions Judge, Rohtak, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,000/- under Section 376 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of fifteen months and further convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- under Section 506 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Both the sentences were ordered to run concurrently. It was also ordered that in case of realization of amount of fine, a sum of Rs. 10,000/- shall be given to the prosecutrix after the decision of appeal/revision.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement of prosecutrix recorded by ASI Samunder Singh on 15.05.2002 at about 10.00 A.M., in which she mainly stated that she had left studies after studying upto 4th standard. On the previous day, at about 2.30 P.M., she had gone to answer the nature's call in the forest of keekar trees by the side of boundary wall of Janta Private School. When she was coming back, accused Hem Raj came from behind, forcibly laid her down on the ground, opened her salwar and committed forcible sexual intercourse with her. She raised hue and cry, which attracted her aunt Saroj. Seeing her coming, accused left the prosecutrix and ran away, after giving threat to prosecutrix, not to disclose it to anybody, otherwise she would be killed. Prosecutrix came to her house with her aunt and they disclosed the occurrence to mother of the prosecutrix namely Krishna Devi. In the evening at about 6/7.00 P.M., when the father of the prosecutrix came home, he was apprised of the incident. Then parents of the prosecutrix went to the house of the accused to lodge protest but they did not accept the wrong committed by the accused nor beg pardon, so, parents of the prosecutrix returned to their home and in the morning, they reported the matter to the police. Ruqa was sent to the police station, on the basis of which formal FIR was registered. Investigating Officer inspected the place of occurrence. Rough site plan was prepared. Statements of witnesses were recorded. Prosecutrix was medico-legally examined.

(3.) Accused was arrested. After necessary investigation, challan was presented against the accused-appellant.