RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 17.04.2004 and order of sentence dated 19.04.2004 passed by learned Addl. Sessions Judge, Sonepat, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Section 376 read with Section 511 IPC and he was further convicted and sentenced to undergo rigorous imprisonment for a period of two years under Section 506 IPC. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the complaint of prosecutrix aged about 9 years. As per the prosecution version, report was lodged in the intervening night of 25/26.03.2003 at 12.15 A.M. The prosecutrix alleged that accused has been visiting their house and he was known to the family. On 23.03.2003, he enquired from the prosecutrix about her father and she told him that he is away to the fields. Accused Raj Kumar told the prosecutrix that his wife wanted to see her and took her along towards his house but instead of taking her to his house, he took her to the gher. Then accused gave bite marks on her chest and then attempted to commit rape. Thereafter, accused left her after hearing noise of some persons. He took her and left her at her house. On the way accused threatened prosecutrix and asked not to disclose it to any person. When the mother of the prosecutrix was giving the prosecutrix bath, she noticed some marks on her chest and asked her about that. Then the prosecutrix narrated the incident to her mother. Father of the prosecutrix returned in the evening from the fields and the mother narrated the incident to him. The matter was reported to the police on the basis of which FIR was recorded. After necessary investigation, the challan was presented against accused-appellant.

(3.) On presentation of challan against accused-appellant and co-accused, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the accusedappellant was charge-sheeted under Sections 376 and 506 IPC, to which he pleaded not guilty and claimed trial.