SOMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has been convicted for the offences punishable under Sections 376 (2) and 506 of the Indian Penal Code, 1860 (for short-'IPC') by the learned Sessions Judge, Jind, vide impugned judgment dated 07.05.2013 and by a separate order of sentence dated i.e. 07.05.2013 he has been sentenced as under:-

(2.) Aggrieved therefrom, the present appeal has been filed by the appellant.

(3.) Brief facts for the adjudication of this matter are that FIR No. 132 dated 23.08.2012 (Ex.P-G), was registered on the statement Ex.PA of the complainant, who is the mother of the victim in this case. The complainant in her statement on 23.08.2012 stated that she was a housewife and her husband an agriculturist. They had three children i.e. a daughter aged 13 ½ years (victim), another a daughter aged 10 years and a son, who is the youngest. The complainant stated that her eldest daughter complained of vomiting and giddiness about 15 days prior to the registration of this FIR. On enquiry, the victim revealed to her that about 4 years ago, the victim had gone to the grocery shop in the neighbourhood owned by the appellantSombir to purchase household articles. Appellant forcibly dragged her into room adjacent to the shop by gagging her mouth with his hands. Appellant committed rape upon the victim and threatened her of dire consequences in case she disclosed about it to anyone. It is due to fear that the victim did not disclose the incident to anyone. The victim further told the complainant that whenever she was alone in the house, the appellant used to come and subject her to sexual abuse under severe intimidation. In the month of March 2012, when the victim was alone, the appellant is again stated to have come to the complainant's house, committed rape upon the victim and further intimidated her with dire consequences. The victim revealed that she was feeling queasy and dizzy after the last incident. The complainant was dumbfounded and she went to meet the appellant-Sombir, his brother Sunil @ Sheenu and his wife, who threatened her that in case she disclosed about the incident to anyone, they would defame her as well as her daughter in the village and if they still did not keep quiet, they would kill the complainant and her daughter. They further revealed that they had a relative at Panipat, who was a doctor and they could get the complainant's daughter aborted from their relative. The complainant was pressurized and put under the fear of insult and dire consequences, due to which she along with her daughter proceeded to Panipat in a Maruti Van bearing registration No. HR-56-6844 driven by Sunil @ Sheenu on 10.08.2012. He left them at the clinic and fled. It is stated that on the way to Panipat, Sunil @ Sheenu talked with someone on the phone several times. The doctor, a relative of the appellant aborted the pregnancy of the victim and on the next day, she and her daughter returned home. It is further stated that the complainant as well as her daughter remained under constant threat of the appellant and his family members, but gathering courage they finally decided to lodge a complaint which was submitted on 23.08.2012 (Ex.PA). Legal action was prayed for.