SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I shall dispose of Criminal Appeal No. 402-SB of 1997 and Criminal Revision No. 826 of 1997 as both of them have arisen out of common judgment dated 15th March, 1997 and order dated 20th March, 1997, passed by the learned Additional Sessions Judge, Rohtak, who convicted the appellant under Section 376 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/-. In default of payment of fine, the appellant was ordered to undergo further rigorous imprisonment for a period of six months.

(2.) PRESENT case was registered on 29th June, 1994 on the statement of the prosecutrix Smt. Poonam for the offence under Sections 363/366/376/342 Indian Penal Code, against Satish Kumar appellant, Smt. Sumitra and one Jaibir Singh. Jaibir was found to be juvenile and he was tried by the Juvenile Court. Satish and his co-accused Smt. Sumitra were charge-sheeted by the trial Court on the allegations that they along with Jaibir had wrongfully confined Smt. Poonam, daughter of Kashmir Singh, aged about 13/14, a minor girl, at village Kharkhara from 26th June, 1994 to 28th June, 1994 and they thereby committed offence punishable under Section 342 of the Indian Penal Code. It was also alleged against these persons that on the night intervening 27th and 28th June, 1994, Satish along with one Jaibir took Poonam in the fields situated in village Kharkhara and there Satish appellant committed rape upon her, whereas Jaibir was standing by his side. In this manner Satish committed an offence under Section 376(2)(g) of the Indian penal Code.

(3.) IN order to prove the charge, the prosecution examined eight witnesses, including the prosecutrix (P.W. 6), Dr. Indu Lalit (P.W.2) and father of the prosecutrix Kashmir Singh (P.W.7).