OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated september 9, 2003 and order of sentence dated September 12,2003 passed by learned additional Sessions Judge, Jind, whereby, accused appellants were convicted for the offences punishable under Section 366 and 376 (2) (g) of Indian Penal Code (for short 'ipc')and sentenced to undergo rigorous imprisonment for a period of 3 years and 10 years respectively and to pay fine of Rs. 1000/-in all, with default stipulation.

(2.) NAME of the victim is not being mentioned keeping in view the social object of preventing social stigmatisation or ostracism of the victim, so, she will be hereinafter described as the prosecutrix.

(3.) PROSECUTRIX is a married woman. On august 5, 2001 at about 4 a. m. , she was on her way to the fields to answer the call of nature from her parents' house situated in village Kharaintt, District Jind. Mukesh, accused appellant, her neighbour and his sister's husband Om Parkash accused appellant met her on the way. Mukesh gagged her mouth and both of them took her at the house of Mukesh. Both of them committed sexual intercourse with her one after the other. From the house of Mukesh, both the accused appellants forcibly took her on scooter to Railway Station, Julana. Mukesh drove the scooter and Om Parkash kept her mouth gagged throughout the way. On reaching Railway Station, Julana, Mukesh took her to Delhi and Om Parkash came back. Mukesh threatened her with dire consequences, in case, she raised an alarm. From Delhi, Mukesh took the prosecutrix to Calcutta in train. She was kept by Mukesh at Calcutta for a week. During their stay at calcutta, Mukesh continuously raped the prosecutrix. After one week's stay at calcutta, Mukesh brought the prosecutrix by train to Delhi and took her at the house of his maternal uncle's father-in-law, ramdia. There prosecutrix was kept for 3 days and during that period, Mukesh had sexual intercourse with her without her consent. Thereafter, Ramdia got them a room on rent in Bhagat Colony, Delhi, She was forced to live in the company of Mukesh. Mukesh's maternal uncle Jagdish came to meet them in their rented room and also gave some money. Prosecutrix was kept in the said room for one month by Mukesh. Om parkash, accused appellant also visited the duo in the rented room and committed sexual intercourse with the prosecutrix several times. Ramdia and Jagdish relations of om Parkash got them another room on rent in the area of Begampur in Delhi. Prosecutrix stayed in the said room with Om Parkash for four days. Prosecutrix, on the pretext that she would not lodge any complaint against them, asked them to take her to Julana. Mukesh and Om Parkash brought the prosecutrix to Julana. Om Parkash stayed at jind. Mukesh was arrested from the platform, Railway Station, Julana while he was sitting with the prosecutrix on a bench.