NAVEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Naveen faced trial by learned Additional Sessions Judge(Exclusive Court), Bhiwani, who vide judgment dated 10.1.2018 convicted him for the offences under Sections 376(2)(n)/450 IPC and vide order 11.1.2018, he was sentenced as under:

(2.) The accused-convict Naveen, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of conviction and order of sentence passed against him be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case, as per the prosecution story, are that on 8.8.2017, the prosecutrix (name withheld to protect her identity in view of Section 228-A IPC and as per the directions given by the Hon'ble Apex Court Court in case titled State of Karnataka Vs. Puttaraja, (2004) 1 RCR(Criminal) 113 Supreme Court, 113 (SC) and referred to as the prosecutrix) accompanied by Sagarmal son of Dhyan Chand, resident of Ward No.6, Bawani Khera, District Bhiwani went to Police Station Women, Bhiwani and submitted a written complaint there, alleging therein that she is aged about 28 years and resident of Ward No.6, Bawani Khera; that on 8.5.2017 at about 11:15 p.m., Naveen son of Satyawan, resident of village Khanak trespassed in her house and committed rape upon her by use of force; that on subsequent occasions also, he had been raping her repeatedly on the promise of performing marriage with her, however, when she asked him to marry her, he refused to do so, rather threatened that if she disclosed the incident to anybody, he would kill her.