BALJINDER @ JOGINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant was convicted and sentenced to undergo rigorous imprisonment for 07 years along with fine of Rs. 10,000.00. In default of payment of fine he was to undergo further rigorous imprisonment for six months under Sec. 376 IPC.

(2.) Elaborating the facts the prosecutrix, aged 16 years, along with her uncle approached the police and lodged a complaint. Her elder sister had married to Ramesh in village Jathlana. On the fateful day at about 10:00 A.M., the prosecutrix left home to visit her sister and was going on foot. She had reached the canal bridge when Rahul son of Tilak Raj, resident of village Alahar came on a motor cycle and offered lift upto village Jathlana. Since he was a co-villager, the prosecutrix accepted the offer and sat on the motor cycle. After covering some distance, Baljinder (appellant) met them. Rahul stopped the motor cycle. Allegations are that Baljinder dragged the prosecutrix from the motor cycle and dragged her to the sugarcane fields and raped her. When the prosecutrix tried to raise alarm, he stuffed her chunni in her month. Her alarm attracted Raj Pal Kamboj and Anil who ran to help her. The prosecutrix returned home and narrated the incident to her uncle.

(3.) Investigations were initiated. The prosecutrix was medically examined. She was produced before the Magistrate for her statement under Sec. 164 Crimial P.C. and the FIR was registered on 4.9.2011. On completion of investigation, challan was presented against Baljinder and Rahul. Rahul was a juvenile. His challan was presented before the Principal Magistrate of the Juvenile Justice Board, Yamuna Nagar.