HARINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant alongwith Jaswinder Singh @ Montu were tried in FIR No. 32 dated 19.03.2003 registered under Section 376/34 IPC which ended in conviction under Section 376(2)(g) IPC. Both the accused were sentenced to 10 years rigorous imprisonment alongwith fine of Rs. 1000/-.

(2.) Learned counsel for the appellant has limited his submissions only to the quantum of sentence on the ground and states that allegations of rape were not levelled against the appellant and the allegations were that he had caught hold of the prosecutrix. It would be necessary to give the story put forth by the victim.

(3.) The FIR was registered on the basis of statement made by the prosecutrix relating to the incident which occurred on 19.03.2003. The prosecutrix left the house to make cow dung cakes when two persons came from behind and caught hold of her. One person caught her mouth. She tried to free herself. She noticed that one of them was Haridner while the other was Montu, nephew of Satish resident of Village Ambli. As her mouth was gagged, she was unable to raise alarm and was forcibly taken to a nearby ditch.