DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 18.5.1994, passed by learned Additional Sessions Judge, Faridabad, vide which, out of 8 accused, only accused-appellant Dinesh (hereinafter referred to as 'the accused') was convicted under section 376 IPC and was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/-. In default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) THE case set up by the prosecution, in brief, is that the prosecutrix (name not disclosed) daughter of Rati Ram, aged about 14-15 years, was studying in 8th Class. On the intervening night of 6/7.6.1991, the prosecutrix slipped away from her house, about which the complainant Rati Ram suspected that the accused Dinesh with the help of accused Jhaman and Noor Ilahi had enticed her away. On 13.6.1991, the complainant made his statement before ASI Bhagat Singh, on the basis of which FIR Ex.PE was registered against the accused. Investigation was commenced. The prosecutrix was recovered from 4th floor of District Court Complex, Faridabad on 13.7.1991. She in her statement under Section 164 Cr.P.C. disclosed to the Court that she has been enticed away by the accused Dinesh with the connivance of Mahesh and Anil accused in the wee hours on 7.6.1991. She was taken to Manjhawali Ghat of river Yamuna of village Kalesara where she was raped. The accused then moved the prosecutrix to the house of Bachi Singh in village Garhi Kalka in Delhi territory. Bachi Singh advised them to marry each other but the accused Dinesh ran short of money. Subsequently, the accused brought the prosecutrix to the District Court Complex for statement. The accused was arrested on 12.7.1991 and was got medico-legally examined. The prosecutrix was also got medico-legally examined on 13.7.1991. On completion of the investigation, challan against all the 8 accused was presented in the Court.

(3.) A formal charge under Sections 366/376 read with Section 120-B IPC was framed against the accused, to which they pleaded not guilty and claimed trial.