SHAKTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant had been sentenced to 7 years' rigorous imprisonment along with fine of Rs.5,000.00. In default of payment of fine, he was sentenced to further undergo rigorous imprisonment for a period of 3 months. Aggrieved by the order he has filed this appeal.

(2.) Adverting to the facts first. The complainant along with her children were residing in Tamil Colony. Her husband had died 12 years ago. On 30/6/2014 she went to Maheshpur to buy vegetables at 8:30 PM. She returned after half an hour and found her daughter aged 15, missing. She searched at her own level and came to know that Shakti, a vagabond of her colony had taken her to his Jhuggi (hut). The complainant along with her married daughter went to the hut and found

(3.) him lying naked with the victim. She raised alarm on which the accused who was heavily drunk started running. The complainant chased him. In the meantime, the victim also ran away. The victim was found sitting in a vacant plot in Sector-21, Panchkula at 7:00 AM, the next morning. The victim revealed that when the accused tried to take off her clothes forcibly, she tried to raise alarm but was gagged and raped by the accused. On this statement, the FIR under the POCSO Act was registered. The accused was arrested the next day and was medically examined. Statement of victim under Sec. 164 Cr.P.C. was recorded by the Magistrate. The vaginal swabs had been sent to the FSL. DNA test on the accused was carried out.