MAKHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment/order dated 13/15.3.2002, whereby learned Additional Sessions Judge, Hisar (hereinafter referred as "trial Court") convicted the appellant for the offences under Sections 450/376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs. 1,000/- for the offence under Section 450 of the Indian Penal Code and in default of payment of fine, to further undergo rigorous imprisonment for 15 days. The appellant was also sentenced to undergo rigorous imprisonment for a period of 7 years and also to pay a fine of Rs. 2,000/- for the offence under Section 376 of the Indian Penal Code and in default of payment of fine, to further undergo rigorous imprisonment for one month. Both the sentences were ordered to run concurrently. The case of the prosecution, as projected in para 2 of the Trial Court judgment, is that:

(2.) The accused-appellant was charge-sheeted for the offence punishable under Sections 450/376 of the Indian Penal Code to which he pleaded not guilty and claimed trial.

(3.) In support of its case, the prosecution examined Dr. Saroj Bhukal as P.W. 1, Dr. Krishan Kumar as P.W. 2, Inspector Raja Ram as PW3, Constable Ramesh Chander as P.W. 4, Constable Mohan Lal as P.W. 5, Head Constable Suresh Kumar as P.W. 6, Subhash Chander, Draftsman as P.W. 7, Kamlesh Rani as P.W. 8, Vinod as P.W. 9 and ASI Shri Bhagwan as P.W. 10.