ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 7/8.7.1997 passed by the Court of Additional Sessions Judge, Kurukshetra, who convinced the appellant Anil Kumar under Sections 363, 366, 376 and 506 IPC and sentenced him to undergo RI for 3 years under Section 363 IPC, to undergo RI for 5 years under Section 366 IPC, to undergo RI for 7 years u/s 376 IPC and to pay a fine of Rs. 5,000/-; in default of payment of fine to further undergo RI for a period of 2 years under Section 376 IPC and to undergo RI for 2 years under Section 506 IPC. The trial Court further held that all the sentences shall run concurrently and out of the fine, if realised from the appellant, Rs. 4,000/- shall be paid to the father of the prosecutrix by way of compensation.

(2.) THE brief facts of the prosecution as derived form the statement of Gaytri Devi PW10 and other prosecution witnesses can be described as follows :-

(3.) THE Investigation of this case was taken up by SI Ranbir Singh, in-charge of Police Post IIIrd Gate, Kurukshetra. On 10.5.1996 SI Ranbir Singh was present in the market of the University when he received a secret information that the appellant along with the prosecutrix is in the kothi of Shri K.K. Vasishth, situated in Karan Colony, Kurukshetra. Accordingly SI Ranbir Singh joined PW Raj Bahadur and Mani Ram and proceeded for Karan Colony, Kurkeshetra. When they reached in front of the Kothi of Shri K.K. Vasishth, the prosecutrix was found standing near the gate of the said kothi and she was secured. However, the appellant was not present there at that time. SI Ranbir Singh prepared a rough site plan of the place of recovery and he also recorded the statements of the prosecutrix and other witnesses. The prosecutrix in her statement has alleged that on 7.5.1996 at about 1.00 p.m. or 1.30 p.m. she was returning to her house after taking keys of her house from her mother and when she was passing in front of the house of Kalu Ram, the appellant was standing there as he was a tenant in the said house. The appellant caught hold of her arm and told her that he would provide her good clothes, ornaments and would take her to many beautiful places for visit. The appellant also expressed that he loved her and wanted to marry with her. The prosecutrix refused to accompany the appellant but the appellant took out a knife from his pocket and threatened her to kill. The prosecutrix became frightened and she accompanied the appellant. Later on the appellant took the prosecutrix in a vacant house situated in Karan Colony, Kurukshetra and he used to commit rape upon her in the said house. It is also alleged by the prosecutrix that she was confined in the said house for three days and during these days the appellant used to commit sexual intercourse with her without her consent and will daily. On 10.5.1996 the appellant has gone to bring some eatables and while going from the said house he forgot to bolt the door from outside though usually he used to bolt the door from outside earlier. Thus taking the benefit of this situation the prosecutrix came out of the room on 10.5.1996 and she started for her house when she was recovered by the police in the company of har father.