RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Gopal, aged about 20 years, was convicted by Additional Sessions Judge, Gurgaon on August 30, 1985 under Section 376 and 366, Indian Penal Code, and sentenced to rigorous imprisonment for four years under Section 376, Indian Penal Code, and rigorous imprisonment for two years under Section 366, Indian Penal Code. He has come up in appeal.

(2.) The occurrence took place on April 27, 1984 in the area of Rajinder Park, Gurgaon. Ram Gopal was a tenant of Smt. Sushila. She had installed a flour mill. In the evening there was a storm. The prosecutrix Miss Poonam and her brother Menu locked the doors of the flour mill. Menu went back to his house whereas Miss Poonam stayed on for urinating. Ram Gopal accused appeared there and took her to a nearby deserted building and committed rape on her. Before that Ram Gopal gave threats to he. She was taken to village Bijawason on a cycle. They stayed there for the night where she was subject to sexual intercourse. Thereafter the accused took her to village Bagpat (U.P.) by bus. She was kept there for 3/4 days and was subject to sexual intercourse.

(3.) Smt. Sushila, mother of prosecutrix, lodged the report on May 2, 1984. She gave the age of the prosecutrix Poonam as 15 years. She also gave details of her other children i.e. she had six sons and three daughters, Poonam being the youngest daughter. When Poonam did not return to the house, certain enquiries were made and ultimately report was lodged. After completion of the investigation, the accused was put up for trial.