JATINDER SINGH @ RINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Jatinder Singh alias Rinku, who was 18 years old at the time of the alleged occurrence and is in custody for the last about three years, has filed this appeal against the judgment of conviction and order of sentence dated 5.7.2002 passed by Additional Sessions Judge, Yamuna Nagar at Jagadhri, vide which he has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years under Section 376 IPC and to pay a find of Rs. 1,000/ -; to undergo rigorous imprisonment for six months under Section 342 IPC and to undergo rigorous imprisonment for one year under Section 452 IPC. All the sentences have been ordered to run concurrently.

(2.) IN this case, prosecution against the Appellant was launched on the basis of the statement, made by the prosecutrix Saroj Bala, on 22.11.1996. On her statement, FIR was registered against the Appellant under Sections 342/452/376 IPC. In her statement, she had stated that she was married to Ram Singh who was serving in Military at Jammu. She was having two children and is a household lady. About two months prior to the date of occurrence, her husband went to Jammu after availing leave. She was residing in her in -laws house along with her unmarried brother -in -law Gurnam and father -in -law Satpal. She stated that on 22.11.1996, no body was at home as her father -in -law and brother -in -law had gone to Yamuna Nagar where they were serving. They used to leave early in the morning and come back after duty at 9.00 a.m. Her children were in Anganwari. At above 11.30 a.m., accused Rinku came to her house. On arrival, he asked her as to why she did not talk to him. When she told that she had nothing to do with him, then he quarreled with her. She further stated that she went to Rajo sister of the accused and called her. When she came, accused Rinku was not found there. When Rajo left the place and the prosecutrix was standing in the court -yard, Rinku abruptly came and took her in his grip. He lifted her bodily in his lap and took her to the verandah, from where he dragged her into the room of her house and bolted the door from inside, where he committed rape upon her. The prosecutrix further stated that after committing the rape, Rinku unbolted the door and fled away. Then she raised hue and cry, but no person came to the spot. She disclosed the entire incident to her father -in -law Satpal and brother -in -law Gurnam. When she was going to the police station alongwith them, the police party met her and on her statement, the FIR was registered.

(3.) IN her statement recorded under Section 161 of the Code of Criminal Procedure (hereinafter referred as 'the Code'), Smt. Sona Devi has stated that on the day of the alleged occurrence, she was coming to her house at 11 a.m. from the fields and accused Rinku was sitting near the house of the prosecutrix. When she asked why he was sitting there, he replied that he is sitting in search of his hens. After some time, she heard the noise from the house of Satpal. When she came out, she saw that the accused was grappling with the prosecutrix and after seeing her, he went away. Thereafter, she again went in the field for bringing grass and when she came, then she was told that the accused has committed rape with the prosecutrix.