MANOJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal against judgment of conviction dated 02.02.2012 and order of sentence dated 04.02.2012, passed by Additional Sessions Judge, Palwal, whereby appellant Manoj Kumar was convicted and sentenced as under: <FRM>JUDGEMENT_576_LAWS(P&H)12_2015_1.html</FRM>

(2.) Relevant facts of the case that on 15.06.2010 complainant Brij Mohan reported to the police vide complaint Ex.P1 that on 13.06.2010 at around 10 a.m. he along with his wife Smt. Mishri Devi had gone to Ferozepur Jhirka, District Mewat. Their children including prosecutrix (named withheld), aged about 13 years, were at home. They came back to home at about 9.00 a.m. In the next morning, the complainant had gone to his shop and at about 10.00 a.m. He was called by his wife and she told that their daughter (prosecutrix) was told her that on 13.06.2010 at about 6.00 p.m. she was alone at home and she had closed the doors of the house from inside. Other sisters had gone to fetch vegetables from the market. In the meanwhile, their neighbours Manoj, Amit along with Pawan intruded into their house by scaling wall. Amit sat on a cot near the main gate. Manoj shut her mouth.

(3.) During trial of the case, learned trial Judge after completing various formalities including framing of charge against the accused, recording of statement of prosecution witnesses, examining of accused under Section 313 Cr.P.C. and after considering the prosecution evidence and defence version held appellant Manoj guilty for the commission of an offence under Section 376(2)(g) and convicted and sentenced him thereunder.