PARDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 31.03.2010, passed by the Additional Sessions Judge, Jind who convicted the appellant under Section 376(2)(g) and sentenced him to undergo rigorous imprisonment for a period of 10 years along with a fine of Rs. 5,000/ -. In default of payment of fine, he was to undergo further simple imprisonment for a period of 6 months.

(2.) IN order to appreciate the merits of the case, the factual matrix is necessary. The prosecutrix PW4 daughter of Guddi PW5 is a resident of village Naguran. For the last about two months, the prosecutrix had been sleeping in her grand parent's house which adjoins their house. The prosecutrix left her house at 9:00 PM. and had reached the gate of the adjoining house when Pardeep and Sonu came in the street. Sonu caught the girl while Pardeep dragged her to his house and raped her. Sonu issued threats and thereafter left. The victim returned to sleep in her grand mother's house later that night. She did not disclose the incident to anyone for two days. Mustering courage she revealed the incident to her mother on the second day. The incident was reported to police on 27.01.2009. The prosecutrix was medically examined. Her statement under Section 164 Cr.P.C. was recorded. Both Sonu and Pardeep were arrested. Sonu was found to be a juvenile. A separate challan against him was filed.

(3.) AFTER hearing the parties and on assessment of the oral as well as documentary evidence, the Additional Sessions Judge, vide judgment under appeal held that the prosecution had proved the case and repelled the contention that there was delay in lodging the FIR or that story was improbable. The learned Sessions Judge was of the opinion that the accused was guilty of the charges levelled against him and in that view of the matter, he convicted the appellant for the offence punishable under Section 376(2)(g) IPC and sentenced him to undergo the sentence as stated above.