DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE main appeal itself was heard and disposed of today. Therefore, the present application stands dismissed as infructuous. 1. The accused Deepak has challenged in this appeal the conviction and sentence recorded by the trial court for the offences under Sections 365, 366, 376 and 506 of the Indian Penal Code.

(2.) ON 7.12.2008 PW5 Naresh Kumar, the husband of the prosecutrix who was examined as PW3 had gone out of the residence after taking dinner informing PW3 that he was proceedings to the fields. At about 12 O' clock in the night the accused Deepak who used to come to her house along with her husband arrived at her residence and informed the prosecutrix that her husband had met with an accident near Dadri and asked her to accompany him. The prosecutrix boarded the vehicle of the accused along with her ten month's old daughter. The accused took her to Dadri in front of a house and asked the complainant to go inside the house. As soon as the complainant went inside the house the accused closed the door of the house and took out a sharp edged knife from his pocket and asked her to remain silent. He raped her after threatening her to kill with his knife. The accused again asked her to sit in the vehicle silently and took her to Jhajhar. The accused rang up from his mobile to many persons on the way. Three boys joined him when the accused along with the prosecutrix reached Jhajhar. The prosecutrix could not recognize those persons. The accused took the prosecutrix to a house in Jhajhar along with his companions. One of the companions was directed to bring tea by the accused. The prosecutrix became unconscious after taking the tea as there was some intoxicated material mixed in the tea. The accused again raped her when she became unconscious. The accused threatened the prosecutrix when she regained consciousness. The accused expressed his desire to marry her in the court. The prosecutrix with folded hands informed the accused that she was already married and had got one minor daughter. The accused without hearing the request of the prosecutrix confined her in a room in Jhajhar. The accused again raped her many times forcibly during the night. On 9.12.2008 the accused with the help of his companions brought the prosecutrix to Bhiwani in a vehicle along with his companions with an intention to solemnize the marriage. She was confined in the vehicle in front of Bhiwani Court. Two companions of the accused brought some papers from the court. The prosecutrix put her signature out of coercion. In the meantime her husband and other relatives came in search of the prosecutrix. When they were crossing the vehicle, the prosecutrix cried aloud attracting the attraction of her husband and other relatives. The accused was brought to the police station for taking legal action. The police in connivance with the accused prepared a false calendra under Section 109 Cr.P.C. against the accused and the complainant and produced them in the court at Loharu. The complainant requested the Loharu police for her medical examination but the police asked her to come for the medical examination on the next day. When the prosecutrix proceeded to the police station at Loharu on the next day with her family members, the police refused to take any further action. The prosecutrix approached the office of Superintendent of Police, Bhiwani the next day but no action was taken against the accused. She preferred a private complaint which was referred under Section 156 (3), 164, 173Cr.P.C. by the learned Judicial Magistrate to the Police Station. The case was registered by PW8 SHO Sandeep Kumar. The statement of the prosecutrix was recorded under Section 164 Cr.P.C. by the learned Judicial Magistrate. The accused was arrested on 8.2.2009. On completion of investigation final report under Section 173 Cr.P.C. was filed.

(3.) THE accused set up a plea in his statement under Section 313 Cr.P.C. that he was innocent but a false case was foisted on him.