SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Judgment of conviction dated 10.04.2009 and order of sentence dated 15.04.2009 passed by learned Additional Sessions Judge, Jind (trial court, for short) in Sessions Case No. 44 of 16.05.2008/Sessions Trial No.33 of 18.08.2008, convicting and sentencing him to rigorous imprisonment for a term of seven years and a fine amounting to Rs.5000/- and in default of payment of fine to rigorous imprisonment for a further term of six months under Section 376 of the Indian Penal Code, 1860 (for short, IPC) and to rigorous imprisonment for a term of one year under Section 323, IPC, are under challenge in this appeal brought by appellant, Sandeep under sub-section (2) of Section 374 of the Criminal Procedure Code, 1973 (Cr.P.C., for short), which the State is contesting.

(2.) Facts of the case:

(3.) On 20.02.2008, at or around 05.00 a.m., awakened by bark of a dog, the complainant, accompanied by his son Sunil, came out of the house and heard the prosecutrix crying, "Bachao, Bachao" (save me, save me) from Ishwar's (appellant's father) house. On reaching the house they found that the accused had put the prosecutrix on a cot and was having sexual intercourse with her by force. They (complainant and his son) raised a "Lalkara" whereupon the appellant gave up the prosecutrix, picked up a "Lathi" (club), hit it on complainant's head and ran away. Complainant took the prosecutrix home, left her there, set out for the Police Station and having come across SI/SHO Sada Ram (Investigating Officer) of Police Station, Alewa along with other police officials at bus stand, Dilluwala, suffered a statement, Exhibit PJ, before him. Based on this statement a formal First Information Report (FIR, for short), Exhibit PK, was recorded.