SARWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 08.08.2001 and 11.08.2001 respectively whereby the appellant has been convicted and sentenced for commission of offence punishable under Sections 363, 366, 376 of the Indian Penal Code (hereinafter referred to as 'IPC') by the Additional Sessions Judge, Jagadhri, detailed hereinbelow: - <FRM>JUDGEMENT_494_LAWS(P&H)2_2014.htm</FRM>

(2.) THE facts of the case as extracted from the judgment of learned trial Court are that Ram Singh son of Kalu Ram, on 24.12.1998, made a statement that he has two sons and two daughters, his elder daughter is married and younger (prosecutrix, name keep secret) (hereinafter referred to as 'the girl') is a student of 9th class in Government School, near Sabzi Mandi. On 23.12.1998, he had gone to Panchkula in connection with his personal work. At about 8 PM, when he came back, his wife told him that 'the girl' has not returned home from the school. On the next morning, he went to school, inquired about his daughter but came to know that his daughter had not come to the school on 23.12.1998. Later, one Parkash son of Bishna Ram, caste Harijan told him that he had seen 'the girl' with Bittu @ Swaran son of Sham Lal, resident of Tirath Nagar on motor -cycle on 23.12.1998 at about 8.34 AM. He got suspicious about involvement of Bittu as he had been visiting his house on many occasions.

(3.) ON the basis of the statement of the complainant, formal FIR was registered in the police station. 'The girl' came back to her house and narrated her tale of woe to her mother. The statement of 'the girl' was recorded under Section 164 of the Code of Criminal Procedure (in short 'the Code') by Sh.Ajay Tewatia, the Judicial Magistrate Ist Class, Jagadhri. She deposed that she was taken by the accused on her way to school on 23.12.1998 at about 8.30 AM on the pretext that her brother (the girl's) Gurmeet is calling her. The accused brought her towards stadium, gagged her mouth and committed rape. He again directed her to sit on the motorcycle by extending threat and took her towards Saharanpur road side fields, kept her there in the fields for the whole day, committed rape during night time and the next morning and in the evening left her near Mata Ka Mandir (temple). On the basis of the statement of 'the girl', offence under Sections 366, 376 IPC were added. The accused was arrested on 26.12.1998. The accused and the prosecutrix were got medico legally examined from Civil Hospital, Yamunanagar. On completion of investigation, challan was presented in the Court of Chief Judicial Magistrate, Jagadhri. After due compliance with the provisions of Section 207 of the Code, the case was committed to the Court of Additional Sessions Judge I, Jagadhri. 4. The accused was charged for committing offence punishable under Sections 363, 366 -A, 376 IPC, to which he pleaded not guilty and claimed trial.