MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 04.06.2010, passed by learned Additional Sessions Judge, Narnaul, vide which appellant Mahender Singh was held guilty and convicted for the offences punishable under Sections 376 and 323 of the Indian Penal Code, 1860 (here-in-after called 'IPC') and the order on the quantum of sentence dated 07.06.2012, vide which the appellant was sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months for the offence punishable under Section 323 IPC. He was further sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year for the offence punishable under Section 376 IPC.

(2.) The sequence of the events leading to this prosecution are that the prosecutrix, aged about 50 years having two sons and a daughter, moved an application Ex.PG to the SHO, Police Station Mohindergarh, alleging therein that on the night intervening 20/21.04.2009, she along with her son Manmohan (PW13), nephew Sandeep and the present accused-appellant had gone to their fields by tractor for threshing the wheat crop. After threshing the wheat crop, her son Manmohan and nephew Sandeep stayed at the field for the safety of the wheat crop, however, the prosecutrix along with the present accused-appellant came back on the tractor. At about 12:00/12:30 A.M., when they reached near the tube-well of Mahender Singh, then he asked the prosecutrix that one bag of barley was lying at his tube-well and he is to carry the said bag.

(3.) The case was committed to the Court of Sessions for trial.