SATISH GIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) - The present appeal has been filed by accused-Satish Gir to challenge the judgment of conviction and order of sentence dated 20/21.09.2011 passed by the Additional Sessions Judge, Hisar, whereby, the appellant has been convicted for offence punishable under Sec. 376 Penal Code and was sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs. 5,000.00 with default clause. He has also been convicted under Sec. 363 Penal Code and was sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs. 1,000.00 with default clause and for offence under Sec. 506 IPC, he has been convicted and sentenced to undergo rigorous imprisonment for a period of one year. However, all the substantive sentences were ordered to run concurrently.

(2.) As per the prosecution story, when ASI Mahipal, along with other police officials, was on patrol duty on 28.09.2008, the complainant- Jai Devi came along with her brother-in-law (jeth), namely, Ram Kumar and got her statement recorded.

(3.) As per the version of the complainant, she was aged about 40/42 years and her husband was in service. She was having one son and four daughters. One of the daughters was aged about 15 years and was studying in Class VIII. On 28.09.2008, at about 1.00 p.m., she and the prosecutrix went to the fields for fetching fodder for the cattle. While she was washing clothes on the drain pipe (nali), two boys came on a motorcycle out of whom, one was accused Satish @ Gunda and another could not be identified. Both the boys enticed away the daughter of the complainant on their motorcycle. Complainant made all efforts to stop the accused but she failed to do so. It has also been mentioned in the complaint that the prosecutrix was having a mobile phone activated with No.97292-30869. The complainant narrated this incident to her brother-in-law, namely, Ram Kumar and thereafter, both of them have come to report the matter to the police.