KULDEEP @ VICKY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant appeal has been preferred by the appellant against the judgment of conviction dated 21.10.2004 and order of sentence dated 28.10.2004 passed by learned Additional Sessions Judge, Fast Track Court, Gurgaon whereby the appellant has been convicted under the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo RI for seven years and to pay a fine of Rs.1,000/-. In default, undergo further RI for six months.

(2.) Brief facts of the case are that on 15.08.2003, Inspector Suresh Kumar along with other police officials was on patrol duty at Jharsa Chowk. When Inspector Suresh Kumar and ASI Risal Singh were talking to each other, a secret information was received that Ravinder accused had taken on rent a house in Sector 15, Part II, Gurgaon. The said house is being used by Yashpal, Abhisekh, Kailash, Umesh, Puneet and Ashwani and their 4-5 friends for the purpose of committing rape and outraging the modesty of young girls after enticing them on false promises. They prepare blue films and if raid is conducted, accused could be apprehended. On that information, a raid was conducted at House No. 111, Sector 15, Part-II, HEWO Apartments Gurgaon. The door of the house was closed, but on push it opened. A blue film was being played on television and some boys, namely, Yashpal, Abhisekh, Kailash, Umesh, Puneet Anand, Ravinder and Ashwani were watching film. They were apprehended. One television, VCR, CD player, tape-recorder, lens camera and four cassettes were taken into possession by preparing necessary memos. Formal FIR was recorded. The accused were got medico-legally examined. Accused suffered disclosure statements. After completion of investigation, challan was presented in the Court. Finding a prima facie case, charge under Sections 120-B, 363/120-B, 366/120-B, 376/120-B, 354/120-B, 292A/120-B and 506 IPC was framed against the accused to which they pleaded not guilty and claimed trial. To prove its case, the prosecution has examined 24 witnesses.

(3.) Thereafter, statements under Section 313 of Cr.P.C. of the accused were recorded in which the accused pleaded innocence and false implication. The learned Trial Court vide judgment dated 21.10.2004 convicted the appellant under Section 376 IPC and sentenced to undergo RI for seven years with fine of Rs. 1000/-, in default of payment of fine, undergo further RI for six months and acquitted of other offences. Hence, the present criminal appeal.