BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecutrix was a widow aged about sixty years. As per the allegations in the complaint made by her to the police, she was sleeping in her house, on 26.09.2009 at about 3.00 am, when the appellant entered her room from the roof top, gagged her mouth and committed rape upon her at knife point. He left thereafter, giving threat to the prosecutrix not to report the matter to anyone or he will kill her. The prosecutrix called her neighbour Lal Singh and thereafter several villagers collected at the spot. The father of the appellant was called. The appellant confessed his guilt and tendered apology. But on coming to know of the information being conveyed to the police, he escaped.

(2.) THE police registered the formal FIR on the complaint of prosecutrix. Arrested the appellant and presented the challan against him. The appellant was charge sheeted for offence punishable under Section 452, 376 and 506 IPC to which he pleaded not guilty and claimed trial. The trial Court convicted and sentenced the appellant to undergo rigorous imprisonment for ten years and to pay fine of Rs. 50,000/ - for offence punishable under Section 376 IPC, rigorous imprisonment for five years for offence punishable under Section 452 IPC and to pay fine of Rs. 3,000/ - and rigorous imprisonment for four years for offence punishable under Section 506 IPC and to pay fine of Rs. 2,000/ -.

(3.) THE perusal of the file shows that the petitioner is not a previous convict. The custody certificate produced on file shows that he has undergone about four years five months and nine days of actual sentence, which does not include remissions he has got during his custody period in jail.