KAMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried by the Additional Sessions Judge, Special Court for Crime Against Women, Palwal in FIR no. 129 dated 24.04.2013, registered at Police Station Hathin, District Palwal under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, 2012 and was sentenced to the following punishment:- <FRM>JUDGEMENT_479_LAWS(P&H)5_2016_1.html</FRM>

(2.) A complaint was lodged by Beena regarding the incident which occurred in the intervening night of 26- 27.04.2013 at about 1.30/2.00 AM. The complainant's husband was stationed at Chandigarh and was not at home that night. The wedding of the complainant's daughter was fixed for 12.05.2013. The prosecutrix went out to answer the call of nature. The allegations were that Man Singh, Mahender and Partap enticed the victim and took her in a Bollero Jeep. Kamal appellant was also said to be involved in the conspiracy. It was specifically stated that they wanted to cause disturbance in the marriage of the prosecutrix. The complaint was given to the police, the same evening and the FIR was registered. The police investigated the matter and filed the challan only against Kamal as the prosecutrix had levelled allegations of rape against him in the statement recorded under Section 164 Cr.P.C.

(3.) Challan was presented. Charge was framed under Section 363, 366, 376 IPC and Section 4 of the POCSO Act, 2012. The accused pleaded not guilty.