SUNDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by the convict-appellant Sunder Singh against the judgment dated 25-9-2003 passed by the learned Sessions Judge, Narnaul vide which he has been convicted under Sections 376 and 366-A, I.P.C. and sentenced to undergo R.I. for 10 years under Section 376, I.P.C. and R.I. for 7 years under Section 366- A, I.P.C. Both the sentences were ordered to run concurrently. However, the accused was acquitted of the charge under Section 302 of Indian Penal Code.

(2.) The prosecution case in brief is that on 19-3-1992, at about noon time, complainant Budh Ram (PW-3) along with his grand-daughter Sarla aged 7 to 8 years went to see the Chharandi Fair at Baba Paddarwala Johar. Mahesh Panch and "appellant Sunder Singh had accompanied them. The grand-daughter of the complainant wanted to go back, so the complainant asked appellant Sunder Singh to take her along and leave her in the house. The appellant, instead of leaving her at her house, took her away and committed rape on her and then strangulated her to death.

(3.) The occurrence took place on 19-3- 1992 at noon. The F.I.R, Ex. PC was registered on 20-3-1992 at 7.35 a.m.