SHESH KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 20th April, 2011, vide which appellant Shesh Karan has been held guilty and convicted for the offences punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (hereinafter called 'IPC') and the order of sentence dated 25 April, 2011, vide which the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5000/ -, in default of payment of fine to further undergo rigorous imprisonment for two months for the offence punishable under Section 376 IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/ -, in default of payment of fine, to further undergo rigorous imprisonment for a period of one month, for the offence punishable under Section 506 IPC. Both the sentences were ordered to run concurrently.

(2.) THE brief facts, giving rise to this prosecution, are that on 30th December, 2009, prosecutrix moved an application Ex.P1, alleging therein that on 25th December, 2009, at about 11:00 a.m., she was suffering from fever, so, she went to the clinic of Dr. Shesh Karan. But the clinic was lying closed. She came to know that Dr.Shesh Karan was available at his house. She went there and asked him to give her medicine for fever. Accused -appellant Dr.Shesh Karan gave her one tablet and told that she will immediately feel relief from the fever and, thereafter, he will give an injection. After some time, she started feeling drowsy. The accused asked her that if she was feeling some difficulty, she should lay on the cot. Thereafter, appellant started closing the door. The prosecutrix asked him as to why he was closing the door. He suddenly closed the door and kept his hand on her mouth and laid her on the cot and, thereafter, forcibly committed sexual intercourse with her. He also threatened the prosecutrix that if she disclosed anything to anyone, then he will eliminate her and her family members. She was sent to her home after giving the medicine. She could not narrate the occurrence due to the insult to the family. Today i.e. on the date of the application, she narrated the incident to her mother Smt. Monika. Her mother further narrated the incident to Smt. Bhagwani, the aunt (Tai) of the prosecutrix and, thereafter, the matter was reported to the police. On the basis of the application Ex.P1, FIR Ex.P12 was registered and investigation was started by PW6 SI Surender Kumar.

(3.) THE accused -appellant was charge sheeted for the offences punishable under Sections 376 and 506 IPC, to which, the appellant pleaded not guilty and claimed trial.