ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the State has filed affidavit of Sh. Ashok Kumar, Deputy Superintendent, District Prison, Karnal mentioning the period of imprisonment undergone by applicant/appellant Anil Kumar. The same is taken on record.

(2.) Heard learned counsel for the parties.

(3.) Criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant during pendency of the appeal. FIR in the case has been registered on the complaint (Ex. PD) of the prosecutrix (PW -2) daughter of Ram Kumar who has alleged that she was a student of 12th standard and on 16.06.2011 at about 7.00 p.m. she had gone from her house to the 'Johar Wala' plot of her village for throwing cow -dung. When she was returning, the applicant/appellant Anil Kumar and his co -accused Narender alias Badshah (juvenile) forcibly put her on their motorcycle. She tried to cry out but they gagged her mouth with a cloth and then they took her to the fields. There their third accomplice, namely, Satish was found standing. Then they committed rape on her and after that they held out threats to her that if she disclosed the said facts to anyone, she would be killed. On returning home, she informed everything to her family members. Then her brother Jitender went to the house of the accused to complain of the act. However, Amit elder brother of the applicant/appellant Anil Kumar assaulted him. Thereafter, report Ex. PD was lodged on 18.06.2011 by the prosecutrix which was endorsed by the police official vide endorsement Ex. PD/1 on the basis of which FIR was registered.