HIRA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Sirsa dated 3rd of September, 1992, whereby the present appellant was convicted under Section 366 of the Indian Penal Code and vide order dated 7th of September, 1992, the present appellant was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 500.00. In default of payment of fine he was ordered to undergo further rigorous imprisonment for six months.

(2.) In brief facts of the prosecution case as narrated by PW 7 Bhagwanti, are, that on 2-10-1991 at about 10 a.m. she was going for tuition work to the house of Smt. Bimla. As she reached near the school, Hira Lal accused, who lived as tenant in her father's brother Khiyali Ram's house met her. The accused asked the prosecutrix to accompany him and also threatened that in case she failed to do so, he would kill her. The accused then brought the prosecutirix on Chautala Sangaria Road. After they had gone ahead of Hanuman temple, Hira Lal accused took her in a nearby cotton field and committed rape on her and threatened that in case she utters a word she would be killed. The prosecutrix was then brought by the accused in a truck to Bathinda Railway Station. From there he took the prosecutrix in a train to Jhakal. On 3-10-1991, at about 3.a.m. the prosecutrix was taken by the accused to Delhi in a train and from there to Raigarh in Madhya Pradesh. According to the prosecutrix throughout this period the accused has threatened her that in case she complained to any body else she would be done to death. The police rescued the prosecutrix from the clutches of the accused on 16-10-1991 at Raigarh both the accused and the prosecutrix were then brought to village Chautala. Both the prosecutrix and the accused were medically examined. After completion of the investigation, Hira Lal accused was challenged, tried, convicted and sentenced by the learned trial court under Section 366 of the Indian Penal Code, as stated earlier.

(3.) The learned counsel for the parties were heard.