SARWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 25.11.2003/27.11.2003, vide which the appellant was sentenced to the following punishment:- Under Sections Simple Imprisonment for a period of Fine In default of payment of fine 363 IPC 3 years Rs.2000/- 1 month 366 IPC 5 years Rs.3000/- 2 months 376 IPC 10 years Rs.5000/- 3 months

(2.) The case of the prosecution was that Brahma along with her children and Seema had gone to see their parents. One of the sisters of Brahma was married at village Dholera. Seema along with her maternal uncle went to village Dholera to attend the marriage. Accused Sarwar went to village Ganwi and represented to Brahma that her husband Surender had met with an accident. On hearing this Brahma along with her brother Sunder Pal accompanied the accused up to Narnaul. Thereafter, accused went back to village Dholera on a motorcycle and falsely represented to Seema that her father had met with an accident and and that her mother had already left and she has been called to Narnaul. Seema accompanied the accused and her maternal uncle Suresh on a motorcycle. When they reached Bal Bhawan at Narnaul, the accused asked Suresh to get down from the motorcycle as he could be challaned for triple riding. Suresh got down. Seema was taken to a tea-stall, the accused there told Seema that her mother had already left for Delhi and they would go to Delhi. He made her sit in a jeep. Seema felt giddy and the accused gave a tablet. Later Seema fell unconscious and regained consciousness at night fall. She found herself in a different city. On inquiry from the accused, he told her that they were going to Delhi and thereafter, had stopped at Asalwas at a friend's house. The next morning the accused asked her to sit in a bus and gave a tablet so that she may not feel giddy. The prosecutrix took the tablet and in a semi-conscious state she was taken to Jaipur. When the victim learnt that she was in Jaipur, she made inquiries and she was told that her father had been brought to Jaipur. The accused then took her to Nasik and was kept at a house of his friend for 15 days where she was sexually assaulted. Seema remained away from home for almost a year. The accused left her at Rewari bus stand. Seema boarded a bus and returned to Narnaul.

(3.) The matter was investigated and challan was presented against the accused. Charge was framed to which the accused pleaded not guilty.