SANJAY @ BILLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant herein was tried by the Additional Sessions Judge, Fast Track Court, Gurgaon and was sentenced to undergo rigorous imprisonment for a period of 7 years along with a fine of Rs.1,000/- for commission of offence under Section 376 IPC. In default of payment of fine he was to further undergo rigorous imprisonment for a period of 6 months. He was also sentenced to undergo rigorous imprisonment for a period of 3 years along with a fine of Rs.500/- for commission of offence under Section 325 IPC. In default of payment of fine he was to further undergo rigorous imprisonment for a period of 3 months. However, both the sentences were ordered to run concurrently.

(2.) The case of the prosecution was that on 14.07.2002, the prosecutrix, a married woman went to the fields near their colony to ease herself and accused came and gagged her mouth with a Dhoti worn by the prosecutrix and raped her. The victim cried for help but there was no-one around. She returned home and waited for her husband, who returned from duty at 9:30 P.M. The occurrence was narrated to him. The matter was thereafter, reported to the police. The victim was medically examined. The accused was arrested. He was also medically examined. The radiological report was received. There was a fracture on the victim. Challan was presented under Section 376 and 325 IPC.

(3.) The prosecution in order to prove its case had examined 10 witnesses. The accused denied the allegations but failed to lead any evidence in defence.