RAJINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant, alongwith his parents Hari Singh and Rijka, brother Surender and sisters Bimla and Santra, was tried for the offences punishable under Sections 498 -A, 406 and 506 IPC. Surender, brother of the appellant was also tried for the offences under Sections 376/511 IPC. Vide judgment and order dated 20.9.2003, the Additional Sessions Judge (Fast Track Court), Karnal acquitted the co -accused of the appellant of all the charges against them. The appellant was also acquitted under Sections 406 and 506 IPC. He was held guilty under Section 498 -A IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/ -. In default of payment of fine, he was directed to further undergo rigorous imprisonment for six months. The amount of fine, upon its realization was ordered to be paid to complainant -Mukesh Rani, as compensation.

(2.) ACCORDING to the prosecution, the appellant was married to complainant -Mukesh Rani on 2.4.1997. In the said marriage, the father of the complainant had spent a sum of Rs. 2,00,000/ - on the dowry articles including gold and silver ornaments besides expenses for entertaining the marriage party. During her short stay for five days in her matrimonial home, the complainant was taunted by all the accused for bringing inferior and insufficient dowry. The accused also asked the complainant to bring Hero Honda motor cycle from her father. However, her father was not in a position to meet the demand of motor cycle but ultimately he gave a sum of Rs. 35,000/ - to the appellant for the said purpose. On 26.6.2000, Surender, brother of the appellant had made an attempt to commit rape upon the complainant. When she raised an alarm, she was given severe beatings by the accused, who dragged her from her hair and turned her out of the matrimonial home.

(3.) IN support of its case, the prosecution had examined complainant -Mukesh Rani as PW1, Rajbir Singh as PW2 and SI Satya Parkash as PW3.