ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal directed against the judgment dated 06.08.2002 passed by the Addl. Sessions Judge, Gurgaon. The Sessions Court had convicted the appellant for the offence punishable under Section 376 IPC and he was sentenced to rigorous imprisonment for 05 years along with a fine of Rs.10,000/ -. In default of payment of fine he was to further undergo rigorous imprisonment for a period of two years.

(2.) THE appellant was named in FIR No.253, registered at Police Station Bilaspur for commission of offences punishable under Section 376 IPC and Section 3 of the SC/ST Act. The facts are that on 14.09.1999 at about 4:00 PM, the prosecutrix, aged 12 years had gone to the fields to attend the call of nature. She returned home at 4:30 PM. Her family found her scared and she was crying and there were abrasions and injuries on her face and neck. PW9 Sunita had brought the child home. The child apprised her family that the accused had forcibly removed her clothes and had raped her. The father took the matter to the village Sarpanch but no action was taken and thereafter, the matter was reported to the police. The girl was medically examined. She was also sent for a ossification test. After the close of the prosecution evidence, the accused abjured the trial and pleaded false implication in his statement under Section 313 Cr.P.C. The trial Court accepted the statement of the prosecutrix and convicted the appellant to the sentence mentioned aforesaid.

(3.) THE State counsel had placed the custody certificate on record according to which the appellant had undergone 02 years, 11 months and 12 days of actual custody when he was released on bail as on 07.09.2002.