SATIA ALIAS SAT NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Satia alias Sat Narain accused-appellant against the judgment of conviction dated March 8th, 2000 and order of sentence dated March 9th, 2000 passed by learned Additional Sessions Judge, Sirsa, whereby, he was convicted for the offence punishable under Section 376(2)(f) of Indian Penal Code (for short 'the IPC') and sentenced to undergo rigorous imprisonment for a period of 11 years and to pay a fine of Rs. 5000/- with default stipulation.

(2.) FACTS are these : On October 21st, 1998 at about 9 PM, a stupid father-Sham Lal complainant (PW-8) sent her daughter (prosecutrix) (PW-7) aged 10 years to bring a half-bottle of whisky from the liquor vend at Ellenabad. She did not return for about one and a half hours. Complainant along with his brother Ashok Kumar went to the liquor vend but she was not found present there. Salesman at the liquor vend informed the duo that the accused had taken his daughter towards the bus stand, Ellanabad. Both the brother proceeded towards the bus stand. When they reached near Ladha Patrol Station, they heard the cries of the prosecutrix from behind petrol the Station, They towards the field behind the Patrol Station and found the prosecutrix and the accused naked. The accused raped her. The accused was apprehended on the spot. But when they were making inquiries from the prosecutrix, he managed his escape.

(3.) ON October 22nd, 1998, complainant made his statement (Exhibit PC) to Subh Ram, Station House Officer, Police Station, Ellanabad (PW-10) who appended his endorsement (Exhibit PC/2). The First Information Report (Exhibit PC/1) was recorded in Police Station, Ellanabad against the accused.