ANIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE genesis of factual matrix lies in alleged run away marriage between appellant and prosecutrix (name withheld) which ended up in registration of an FIR under Sections 363, 366 and 376 of the Indian Penal Code (in short 'IPC'), at Police Station Civil Lines, Hisar. The appellant was tried by learned Additional Sessions Judge, Hisar for the aforesaid offences and ultimately trial ended in conviction and sentence of the appellant vide judgment of conviction dated 13.02.2003 and order of sentence dated 15.02.2003, respectively, for committing the offences of compelling for marriage and rape. Rape is universally considered as moral and physical reprehensible crime in the society. It is an assault on the body, mind, privacy and entire fabric of the prosecutrix. Rape is a crime of violence and violation of privacy. It is often said that a woman who is raped, undergoes two crisis i.e. the rape and the subsequent trial in Court. Vulnerable and feeble victim of rape is humiliated and her dignity is shredded by the society. Because of the societal stigma attached to the crime, many a times such crime would go unreported by the victim in order to escape the repercussions. Instant case is also one of such cases wherein appellant has been convicted and sentenced as under:

(2.) ALL the sentences have been ordered to run concurrently.

(3.) TO prove its case, prosecution examined PW 1 Dr. R.P.Singal, PW 2 Dr. Suman Menon, PW 3 Kavita, PW 4 Sher Singh -complainant, PW 5 Salochna, PW 6 Dr. Bhoop Singh, PW 7 MHC Shiv Kumar, PW 8 Constable Surinder Singh, PW 9 Subhash Chander, draftsman and PW 10 Ramesh Kumar Thakral, investigating officer. In documentary evidence, the prosecution relied upon Ex.PA report of Dr. R.P.Singal, Ex.PA/1 to Ex.PA/3 X -ray films, Ex.PB application moved by the police for obtaining age certificate, Ex.PC carbon copy of police request, Ex.PD MLR, Ex.PE application moved by Sher Singh -complainant, Ex.PE/1 Endst. on Ex.PE, Ex.PE/2 F.I.R, Ex.PF memo of recovery of girl, Ex.PG MLR of accused, Ex.PH police request for MLR of accused, Ex.PI affidavit of MHC Shiv Kumar, Ex.PJ affidavit of Constable Suresh Kumar, Ex.PK scaled site plan, Ex.PL notice of arrest, Ex.PM application for medical, Ex.PN recovery memo of clothes, Ex.PO recovery memo of underwear, Ex.PP rough site plan, Ex.PQ FSL report.