MUBEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Mubeen s/o Islam (labourer) was charged under Section 376 of Indian Penal Code for allegedly committing rape upon the daughter of Sabbir on 10.4.2002. The prosecutrix in this case was of the age of 9 years. I am not describing her name as it has been observed by the Hon'ble Supreme Court in State of Karnataka v. Puttaraja, 2004(1) RCR(Criminal) 113 (SC) that in the judgment, be it of Apex Court, High Court or Lower Court, the name of victim should not be indicated. I, therefore, have chosen to describe the prosecutrix as 'victim' in this judgment.

(2.) THE appellant now stands convicted for the aforesaid charge vide impugned judgment of Ld. Additional Sessions Judge, Fast Track Court, Sonepat dated 25.11.2002 and has been sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-; in default thereof to further undergo R.I. for a period of two months. Aggrieved by the impugned judgment of conviction and sentence, he has preferred the instant appeal.

(3.) I have heard Mr. Gorakh Nath, learned counsel for the appellant and Mr. D.S. Brar, A.A.G., Haryana. With their assistance, I have gone through the entire record.