NARESH & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of above mentioned two cases.

(2.) Daya Ram, complainant of this case, filed aforesaid revision petition with the grouse that the acquittal of Guddi @ Saroj and Roshni wife of Desh Raj is not correct and the impugned judgment is liable to be modified to that extent. Complainant also prayed for enhancement of sentence of appellants-accused Billu @ Balram, Naresh and Krishan and further prayed that even the sentence of fine may also be enhanced to Rs. 20,00,000/- in the interest of justice and fair play.

(3.) Briefly, prosecution case is like this; that on 09.11.2007, Daya Ram along with his grand-daughter (prosecutrix) met the police party while they were standing at Bus Stand, Dahina Jainabad for patrol duty and handed over an application to ASI Sube Singh in which the incident of the present case was stated. As per complainant, on 09.11.2007, prosecutrix, aged about three years, was watching the fire works near the house of Ramesh son of Sagar Mal Soni along with other children of Mohalla at about 8.30 PM. At that time, children raised a noise as to where the prosecutrix had gone. On hearing their noise, complainant and his neighbor Rattan Singh son of Rajender Singh reached there. Children told them that Naresh son of Ami Lal had enticed away prosecutrix and had taken her towards his house. On this, complainant and Rattan Singh had gone to the house of Naresh and saw Naresh raping the prosecutrix by making her lay on the cot in the courtyard of his house. On seeing them, Naresh picked up an axe (Kulhadi) and gave a threat to their life in case they step forward. Thereafter, by climbing the stairs leading to the roof of his house, he had made good his escape. Blood was oozing out from the private parts of the prosecutrix . Gudari was also smeared with blood. After picking up the prosecutrix, they came out in the street where Vikram had met them who was also coming towards that side. Krishan, Billu @ Balram sons of Desh Raj and Ami Lal son of Chander Singh armed with Lathi and Kulhadi came there. Krishan gave a Kulhadi blow on the right ankle of Vikram. When complainant tried to save his nephew Vikram then Billu @ Balram gave a Lathi blow on his right shoulder. Ami Lal gave a Lathi blow on his right hand.