DEVENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has been convicted for the offences punishable under Sections 376/506 IPC by the learned Additional Sessions Judge, Gurgaon vide judgment dated 19.09.2013. By a separate order dated 21.09.2013, the appellant has been sentenced as under:- <FRM>JUDGEMENT_166_LAWS(P&H)1_2018_1.html</FRM>

(2.) Both the sentences are ordered to run concurrently.

(3.) Brief facts necessary for adjudication of the case are that, in respect to an incident which took place on 03.05.2013 at 11.00 p.m. in the area of Naurangpur, a written complaint (Ex.PB) was submitted by the complainant/ prosecutrix on 13.05.2013 before the Commissioner of Police, Gurgaon. As per the said complaint, the prosecutrix aged about 27 years, married to Satbir belonging to Harijan community, went to attend the call of nature at about 11.00 p.m. on 03.05.2013 in the fields near her house. The appellant, her neighbour is stated to have arrived there, grabbed her and committed rape upon her. It is stated that the complainant is a disabled woman, suffering from 70% disability, therefore, she could not defend herself. After committing rape upon the complainant, the appellant threatened her not to complain about the incident otherwise the complainant, her daughter and son would be kidnapped as the appellant had anti-social persons as his friends. The complainant came back home and disclosed the incident to her family. The complainant's mother-in-law and brother-in-law went to the appellant's house on the next day for lodging a protest in respect to the incident. The appellant and his family members started quarreling with the complainant's family members and a false complaint was got registered by the appellant against them as well as the complainant's husband. The appellant and his family members proclaimed that a case has been registered against them and no harm would come to the appellant's family as they had relations with influential persons. The appellant threatened them not to complain anywhere about the incident otherwise, they would be done to death. It is stated that due to fear of the appellant and the perceived threat to her children and family, no complaint was lodged.