GAGAN ALIAS GAGANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal has been filed against the impugned judgment of conviction and order of sentence dated 28.5.2014 passed by learned Additional Sessions Judge-I, Fatehabad, vide which accusedappellant Gagan alias Gagandeep has been held guilty and convicted for the offence under Section 376 read with Section 511 of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 376 read with Section 511 IPC. Notice of motion has been issued in this case.

(2.) Mr. Himmat Singh, learned Assistant Advocate General, Haryana has put in appearance on behalf of the respondent-State and contested this appeal.

(3.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of complainant Baby Rani, who moved an application Ex.P.5 to the Station House Officer, Police Station City, Fatehabad alleging that her sister-in-law (prosecutrix) aged 28 years is a mentally retarded lady and spinster. On previous day i.e. 15.1.2014 at about 5.00 p.m., the prosecutrix went to search Prince (the son of the complainant) at Nagpal Chowk and she did not return for a long time.