ISHWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) These are two appeals directed against the judgment and order passed by the Additional Sessions Judge, Bhiwani who convicted both the appellants in FIR No. 281 dated 14.11.1998, registered under Ss. 363, 376, 506, 120 -B IPC, Police Station Adampur. Accused Arvind was sentenced to the following punishment: -

(2.) Accused Ishwar was convicted under Sec. 120 -B read with Sec. 376 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years along with fine of Rs. 5,000/ -. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of 10 months.

(3.) The facts giving rise to the case are that the victim as usual had gone to attend her school. She was a student of the 9th class. The incident is of 11.11.1998. At 12:00 noon, Arvind a neighbour, reached her school and called her out. The victim used to address him as uncle (Chacha). She inquired as to what had happened. The accused told her that family had called her immediately. Initially she refused to accompany him but later on, thinking that the family must have sent him, she accompanied him on his motorcycle. When the motorcycle turned towards the Electricity Board, she asked as to where he was taking her. The accused asked her to keep quiet and threatened to kill her. Out of fear she did not react. The accused brought him to Bridge View Restaurant in Hisar. A boy namely Ishwar (appellant) was at the Reception. She was taken to a room. Arvind raped her. The victim started crying but could not raise alarm due to fear. She was brought down after half and hour. She returned to her village at 6:00 PM. The victim did not disclose about the incident to her parents. The matter was revealed to the family after three days. The matter was reported to the police on 14.11.1998. The police took the register from the hotel and found that there was an entry regarding the visit of Arvind. The accused was arrested. Accused Ishwar was also arrested. He was accused of conspiracy. The allegations were that he knew the purpose for which the girl had been brought to the hotel and there was a conspiracy.