JAGBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAGBIR -appellant has filed this appeal challenging the impugned judgment of conviction and order of sentence dated 7.9.2009 passed by learned Additional Sessions Judge, Fast Track Court, Faridabad, whereby the appellant has been held guilty and convicted for the offences punishable under Sections 363 and 376 of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo simple imprisonment for three months for the offence under Section 363 IPC. He has also been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 15,000/ - and in default of payment of fine to further undergo simple imprisonment for six months for the offence under Section 376 IPC. Both the sentences have been ordered to run concurrently. Out of the amount of fine, if realized, a sum of Rs. 15,000/ - has been ordered to be paid to the prosecutrix as compensation after expiry of period of appeal.

(2.) THE brief facts of the prosecution case are that the FIR in the present case has been registered on the complaint of complainant -Sanjay, who stated that during the previous night at around 11.30 p.m. he and his daughter prosecutrix, aged about 8 years, were sleeping on a cot in the street in front of his house. His wife and other two children were sleeping on another cot in the street. At around 1.00 a.m., he went inside the house and slept there, whereas his wife and children were sleeping in the street. At around 3.00 a.m., he came out to urinate and he saw that his daughter prosecutrix was not on the cot. He woke -up his wife and asked about the prosecutrix. They also inquired about the prosecutrix in the neighbourhood, but she was not there. Thereafter, the complainant along with his neighbours Itwari alias Pappu and Dharambir proceeded to trace his daughter. When they reached near Sai Gym, Sector 29, Faridabad, they found the prosecutrix standing on the road. She was weeping and she disclosed that one boy had taken her on cycle from the cot while she was sleeping. He took her at an open place and committed rape with her. She felt pain and cried, upon which he gagged her mouth with his hand. Thereafter, he left her at that place. In the complaint, it is also stated that there were blood stains on the underwear and vest of the prosecutrix and her private part was bleeding. The prosecutrix was medico -legally examined in General Hospital, Faridabad. Her clothes were taken into Police possession and were sealed with the seal. Accused Jagbir was arrested in another case FIR No.65 dated 24.4.2008 registered for the offences under Sections 457, 366 -A and 376 IPC at Police Station Bhupani. In that case, he made disclosure statement in which he admitted this occurrence. The accused was arrested. He was got medico -legally examined. The place of occurrence was got identified from him. He demarcated the place from where the prosecutrix was abducted. He also demarcated the place where rape was committed. The Investigating Officer prepared rough site plan of the place of occurrence. Statements of witnesses were recorded. After necessary investigation, challan was presented.

(3.) ON presentation of challan, the trial Court finding prima facie case against the accused framed charges for the offences punishable under Sections 363 and 376 IPC, to which he pleaded not guilty and claimed trial.