MAHINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present criminal revision petition is directed against the impugned judgment dated 7.2.2015 passed by the learned Additional Sessions Judge, Karnal, whereby appeal of the petitioner was dismissed with modification in the order of sentence, reducing sentence of the petitioner from three years to one year, upholding the judgment of conviction dated 17.11.2011, passed by the learned Sub Divisional Judicial Magistrate, Assandh.

(2.) Brief facts, as noticed by the learned Additional Sessions Judge in para 2 of his impugned judgment, are that on 8.7.2003, complainant Dharamvir son of Ganga Ram, resident of village Salwan presented a complaint under section 156(3) of the Code of Criminal Procedure ('Cr.P.C.' for short) before the learned Illaqa Magistrate on the allegations that accused Mahinder along with his father and mother were living at the house of complainant on the ground floor on rent. On 30.5.2003, complainant along with his mother and wife had gone to Delhi to attend last rites of his sister namely Kapoor Devi by leaving his son named "X" aged about 8 years (hereinafter called as the victim) and Pooja aged about 5 years slept on separate cots in the house. At that time, Pooja heard a shriek of the victim and she got up. Ram Bir son of Budh Raj, who is another tenant of the complainant, also attracted to the spot. Both of them saw that accused had removed clothes of the victim and he was voluntarily having carnal intercourse against the order of nature with the victim son of the complainant. On seeing Ram Bir, accused Mahinder put on his clothes. Meanwhile, many neighbours collected at the spot. On seeing them, the accused ran away from the spot. The villagers caught hold of the accused and caused him thrashing, on which, accused started begging apology. Then, complainant came from Delhi along with his wife and mother. Keeping in view the future of his son, the complainant thought it proper to patch up the matter but thereafter, accused with an ulterior motive got himself medically examined and lodged a complaint before SHO against the complainant and only thereafter, he got medico-legally examined his son. Thereafter, the complainant lodged his version with the police but the police did not take any action. Learned Illaqa Magistrate sent this complaint to the concerned Police Station where the present case was registered. Investigation was set into motion. Statements of the witnesses under section 161 Cr.P.C. were recorded. Accused Mahinder was formally arrested in this case.

(3.) The police report under Section 173 Cr.P.C. having been presented to the court, copy thereof along with documents attached therewith was supplied to the accused, as envisaged under Section 207 Cr. P.C.