SURENDER @ JONTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed 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 Section 363 IPC and was sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs. 1,000/- with default clause. He has also been sentenced to undergo rigorous imprisonment for a period of one year under Section 506 IPC. 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 complainantJai Devi came along with her brother-in-law (jeth), namely, Ram Kumar and got her statement recorded. She had stated that 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 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.

(3.) On the basis of said complaint, the FIR was registered under Sections 363 and 366 read with Section 34 IPC. The investigation of the case was conducted and during investigation, both the accused were got identified subsequent whereupon, accused Satish was arrested on 01.10.2008. The prosecutrix was got medico-legally examined and her statement under Section 164 Cr.P.C was recorded before the Judicial Magistrate Ist Class, Hisar, wherein, she had stated that she was taken away by the accused persons and was kept at different places. AccusedSatish had committed rape upon her and threatened her to remain silent.