DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision is directed against the concurrent findings of conviction against the petitioner.

(2.) Vide judgment dtd. 15/12/2012 in criminal case No.107/2007/2011 arising out of FIR No.29 dtd. 16/3/2007, registered at Police Station Dhand, District Kaithal, petitioner has been convicted under Ss. 377 and 506 of Indian Penal Code by Ld. Addl. Chief Judicial Magistrate, Kaithal; and vide separate order dtd. 18/12/2012, he was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000.00 for committing the offence under Sec. 377 IPC with default sentence of 2 months. He was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000.00 for committing offence under Sec. 506 IPC with default sentence of one month for non-payment of fine. Both the substantive sentences were directed to run concurrently. Criminal Appeal No.171 of 2012 filed against the said judgment of conviction and order of sentence, has been dismissed by learned Additional Sessions Judge, Kaithal, vide judgment dtd. 11/3/2014.

(3.) (i) According to the prosecution, on 28/10/2006, V.P. Singh alias Bittu (PW6) along with his father visited Police Station Dhand and made a complaint (Ex.PA), as per which on 25/10/2006 at about 8 pm, he was going to visit the house of his grandmother near new bus stand, Dhand, when he was forcibly caught hold by accused Deepak (petitioner), who gave beatings to him and dragged him to the back side of bus stand into the bushes. Another boy accompanying the accused-petitioner gagged his mouth with handkerchief. His (complainant's) trouser was removed forcibly and then firstly, Deepak and thereafter, another person were subjected him to carnal intercourse against the law of nature, turn by turn. They also put their private part into his mouth and compelled him to perform oral sex. These persons after committing the said illegal acts threatened him not to disclose the incident to his family members, otherwise he shall be done to death. At the time when this incident occurred, one Deepa S/o Lajja Ram, resident of village Dhand was passing by, who had witnessed the occurrence and informed the family members of the complainant.