SAT NARAIN ALIAS NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) OUT of the eight accused, Sat Narain alias Narain - appellant (hereinafter referred to as the appellant) was convicted under Section 366 and 376 of the Indian Penal Code (for short IPC) and was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months, under Section 366 IPC and to undergo rigorous imprisonment for seven years and to pay fine of Rs. 1000/- and in default of payment of fine, to undergo rigorous imprisonment for six months, under Section 376 IPC, whereas, the other accused, namely; Dalbir, Kitaba, Jasmer Singh, Dalip, Ram Kumar alias Kara, Ram Pal and Rammehar alias Moli were acquitted of the charges framed against them vide judgment dated 23/24.4.1996 by the court of Additional Sessions Judge (I), Kaithal.

(2.) FACTUAL matrix of the case is that the prosecutrix (name not being disclosed) was a married lady. On 8.9.1993 at about 9.30 p.m, she had come from her in-laws at village Kharkada, to her parental village Sajuma. Balwan, a witness informed Ratna (PW7) that Sat Narain - appellant had abducted her under threat. Consequently, on 9.9.1993, he went in search of her daughter and she was found at the house of Prabhu of village Narwalgarh Batta, who told him that she has been raped by Sat Narain. After registration of the case under Sections 341, 376 and 506 IPC, on the statement of Ratna, the Investigating Officer came into action. He got the prosecutrix medico legally examined from General Hospital, Kaithal. The accused were arrested and on completion of the investigation, the challan against all the accused was presented in the Court.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. In defence, they examined Vijay Kumar Gautam Record Keeper, Sessions Court (PW1), Ashok Bhandari Record Keeper, SDM Court (PW2), Bachan Singh, Ex-Sarpanch (DW3), Jabbar Singh (DW4), Pawan Kumar, Ahlmad in the court of Additional Senior Sub-Judge (DW5), Ram Partap Patwari (DW6) and Raj Kumar (DW7). The trial ended in conviction of the appellant. Hence, this appeal.