ARVIND KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 2/4.8.2003 passed by Mrs. Ritu Tagore, Additional District and Sessins Judge, Fast Track Court, Ambala, vide which the accusedappellant Arvind was convicted under Sections 452, 354/34 and 307 IPC and 25/54/59 of Arms Act, whereas accused -appellant Yogesh @ Mittu was convicted under Sections 452, 354, 307/34 IPC and Section 25/54/59 of Arms Act. However, both of them were acquitted under Section 376 (2) (g) IPC. They were sentenced to undergo imprisonment and fine as under: - <FRM>JUDGEMENT_779_LAWS(P&H)5_20141.htm</FRM>

(2.) HOWEVER , all the sentences were ordered to run concurrently. The accused -appellants were sent up by SHO Police Station Baldev Nagar, to face trial for offence under Sections 376, 307, 452, 511/34 IPC read with Section 25/54/59 of Arms Act vide FIR No.84 dated 26.2.2001.

(3.) BRIEF facts of the case are that on 26.2.2001 SHO Police Station Baldev Nagar, received a telephonic message regarding admission of Seema r/o Jandli in Civil Hospital, Ambala City. Thereupon ASI Ashok Kumar alongwith other police officials reached at Civil Hospital Ambala City. Statement of Seema was recorded, in which she has stated that they are three sisters and one brother. Arvind s/o Ami Ram and Yogesh @ Mittu s/o Kailash Chand accused appellants, were friends of her brother and they had been visiting their house. On 26.2.2001 in the morning her parents and sisters went to Yamuna Nagar to attend a marriage. Her brother Deepak also went to school. She was all alone in the house. Aroung 12.00 noon she was present in her house when accused Arvind and Mittu scaled the door of her house and entered her house. As soon as accused persons entered her house, accused Arvind gagged her mouth and caught hold of her. Accused Mittu started removing her clothes in order to force him upon her. Her clothes got torn in the process. She raised the alarm and manage to free herself and ran into the house of her neighbour Tilak Raj. No one was present in the house of Tilak Raj. Arvind and Mittu followed her and entered the house of Tilak Raj. In order to save herself she ran into the kitchen and tried to close the door, then Arvind took out a pistol from his pocket and fired at the left side of her abdomen. On receipt of the gun shot she fell down. On hearing her noise, her brother Deepak and her aunt Chameli rushed to the spot. On seeing them, both the accused ran away alongwith the pistol. The complainant was taken to the hospital by her aunt. The complainant further alleged that accused Arvind and Mittu in order to commit rape upon her trespassed into her house when she was all alone and forcibly removed and torn her clothes and also fired at her with an intention to kill her. On the basis of statement FIR was registered. Accused Arvind and Yogesh were arrested. On their disclosure statement, a country made pistol was recovered from Arvind, whereas one live cartridge was recovered from Yogesh. After completion of the investigation, challan was presented against the accused.