SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant faced trial for offence punishable under Section 376 read with Section 511 and 506 IPC.

(2.) THE case was registered on the complaint of prosecutrix (name withheld) wherein she had stated that after death of her parents she had been living with her married sister. On 5.12.2002 at about 9.00 p.m. she came out of her house to answer the call of nature where the appellant caught her and tried to commit rape but she used force and got herself relieved and returned to her house. The appellant threatened her not to disclose the incident to her sister and brother -in -law. Out of fear she did not disclose the matter till 11.12.2002. On receipt of complaint Ex. PA, formal FIR Ex. PA/2 was registered. The appellant was arrested and challan was presented in court.

(3.) IN support of its case, the prosecution examined prosecutrix as PW1, her brother -in -law as PW -2, ASI Rohtash Singh as PW -3, C. Anoj Kumar who had prepared the rough site plan of the place occurrence as PW -4.