SITA RAM ALIAS KALLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, CRA-S-1494-SB-2010 and CRA- S-2671-SB-2010 are being disposed of as these arise out of one and the same judgment of trial Court pertaining to FIR No. 228 dated 14.10.2008 under Sections 363/366/376 read with Section 120-B Indian Penal Code (IPC) Police Station Sadar, Ballabgarh.

(2.) The specific charge against Sita Ram @ Kallu-appellant (referred as A-1) in CRA-S-1494-SB-2010 is for offence under Section 376 IPC and against both the appellants, namely A-1 and Sukku in CRA- S-2671-SB-2010 (for short A-2) for offences under Sections 363/366 read with Section 120-B IPC. Both the appellants were convicted of the said charges by the learned trial Court. A-1 was awarded the sentence to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for 10 months under Section 376 IPC. Both A-1 and A-2 were also sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 5000/- each, in default to further undergo rigorous imprisonment for 5 months each under Section 363 read with Section 120-B IPC. They were also sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 7000/- each in default of payment of fine to further undergo rigorous imprisonment for 7 months each under Section 366 read with Section 120-B IPC. All the sentences were to run concurrently.

(3.) First Information Report (FIR) Ex. PE/2 was lodged on the written complaint Ex. PE made by father of the prosecutrix. This complaint was submitted before ASI Sher Singh of Police Station Sadar, Ballabgarh, who was present along with other officials at Sikri Bus Stand in connection with investigation in FIR No. 217 of 2008 under Sections 279/337/427 IPC of Police Station Sadar, Ballabgarh.