TILAK RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Tilak Raj has preferred the present appeal challenging the conviction and sentence passed by the trial Court under Sections 363, 366 and 376 IPC.

(2.) It is the case of the prosecution that accused Tilak Raj who is the nephew of PW11 Mainpal stayed in his house on the night of 15.7.2008 and kidnapped his minor daughter aged 12 years. PW11 lodged a first information report on 25.7.2008, being unable to locate the accused with his daughter.

(3.) The prosecutrix who was examined as PW1 deposed that on 15.7.2008, when she was sleeping in her house, accused Tilak Raj who is her mother's sister's son, woke her up at 3.00 a.m. and committed rape upon her without her consent. He compelled her to accompany him. He also threatened her that if she did not accompany him, he would kill her. The accused took her by foot to the railway station, Bhiwani. In the morning he took her to Panipat by train. From Panipat he took her to Faridabad where he kept her in a room for 11 days. During that period, he also committed rape upon her. As the prosecutrix informed the accused that she wanted to go back home and did not like to live with him, the accused left her in his house at Jind and fled away.