JOGINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, I shall dispose of Criminal Appeal No.S - 1689 -SB of 2014 filed by Joginder against the judgment dated 7.2.2014 passed by the learned Additional Sessions Judge, Bhiwani, vide which he was convicted under Sections 376, 344, 506 Part -II IPC and vide order dated 10.2.2014 sentenced to undergo RI for seven years and fine of Rs.3000/ -, in default thereof, to further undergo SI for six months under Section 376 IPC, RI for two years and fine of Rs.2000/ -, in default thereof, to further undergo SI for four months under Section 344 IPC and RI for three years and fine of Rs.2000/ -, in default thereof, to further undergo SI for four months under Section 506 Part -II PC. All the sentences were ordered to run concurrently. The appellant was further directed to pay amount of Rs.50,000/ - by way of compensation to the prosecutrix under Section 357 Cr.P.C.

(2.) THE prosecution case as coming out from the First Information Report is that on 11.7.2012 at about 4.00 P.M., the prosecutrix accompanied by her father visited police station Sadar Bhiwani and submitted application against Joginder for taking action against him for kidnapping, commission of rape and receiving amount on pretext of employment and extending threat of dire consequences to her. Prosecutrix stated that she is resident of village Lohar Nathuwas. She stated that her application is written by her in presence of Smt.Kusum Sharma, Legal Aid Counsel. It was alleged against the accused that on 7.3.2011, Joginder accused had telephoned her at her residence and told her father that the prosecutrix was to be employed at Sirohi. Her father accompanied the prosecutrix till Rewari. Joginder was living in the adjacent house of the prosecutrix. For sometime, the accused had good relations with the family members and younger brother of the prosecutrix.

(3.) THEREFORE , he was trusted by her family. In place of taking to Sirohi, the accused took the prosecutrix to Alwar and there she was kept for 5 -6 months. Accused administered her intoxicating material, beaten her and promised to get her employed. Accused also offered to get job of T.T. in Railway to the younger brother of the prosecutrix. Accused also took money from her. Accused compelled the father of the prosecutrix to sell the plot and also took one buffalo and calf, one chain (kanthi) of three tolas for the said purpose. Accused wanted to take forcible possession of the land of the father of the prosecutrix. As her father was illiterate so the thumb impressions of the father of the prosecutrix were obtained illegally. Accused misrepresented that his grand father is Inspector General of Police and his brother is Gunman. He also claimed that he himself is employed as TT in Railways. He had assured the prosecutrix that it is very easy for him to get her employed. From Alwar, she was taken to Hisar and there also accused had been committing rape with her. Then she was taken to Dev Nagar, where she was also beaten up, given intoxicating material and was sexually exploited. Then he started giving threat on telephone, asking the prosecutrix to come back to him otherwise her brother and father will be got murdered. Accused also made the family of the prosecutrix to sell the plot. He also extorted Rs.38 lacs from them, Rs.10 lacs for getting employment to the brother of the prosecutrix and Rs.2 lacs for getting employment to the prosecutrix. Her father was forced to sell plot. Later on, accused told the prosecutrix that Rs.15 lacs are required and documents of the land are to be shown. Accused offered to get the land transferred in her name. He again obtained the thumb impressions of the father of the prosecutrix. When her father started demanding amount, accused threatened him with dire consequences. Accused went to the fields and destroyed the crop. Accused refused to pay back the amount and spoiled her life. Her brother had also sent amount from abroad, which was also taken by the accused. She was confined and raped for two years. She came stealthily in auto -rickshaw.