RAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant faced trial for offences under Sections 366 and 376 of the Indian Penal Code (IPC). He is alleged to have abducted the prosecutrix on 10.04.2009 with an intent that she may be forced to illicit intercourse with the appellant and further between 10.04.2009 to 25.04.2009, the appellant committed rape on the prosecutrix. Learned trial Court convicted the appellant of the charges framed against him and awarded him sentence to undergo rigorous imprisonment for ten years and to pay fine of Rs. 3000/-, in default of payment of fine to further undergo rigorous imprisonment for 3 months under Section 376 IPC. The appellant was also sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 2000/-, in default of payment of fine to further undergo rigorous imprisonment for 2 months under Section 366 IPC. Sentences of imprisonment under both the heads were to run concurrently.

(2.) As per custody certificate placed on record by learned State counsel, the appellant has undergone actual sentence of more than 6 years and 1 month of imprisonment and more than 8 years 7 months including remissions.

(3.) This was seemingly a case of prosecutrix eloping with the appellant and stayed with him for about two weeks, and had lot of fun, but later on turned around and made statement against the appellant out of fear of society, her parents and to save her married life. But the appellant has suffered the incarceration for so many years leaving everything to his fate. He even did not apply for suspension of sentence after 08.11.2010, when the instant appeal was admitted and his application for suspending sentence was dismissed as withdrawn at that stage. The system must awake itself from such sinister designs of those launching prosecution and not to permit the process of law to be misused in this way taking advantage of the general mood and perception with regard to offence of rape. This is need of the hour and to take pragmatic view on such matters especially keeping in view the liberty of the citizens.