JUBER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision by Juber-accused -petitioner has been preferred against judgment dated 28.8.2003 passed by Shri A.K.Singh Panwar, Additional Sessions Judge, Gurgaon, vide which he dismissed the appeal filed by the accused against the judgment dated 20.8.1999 passed by Judicial Magistrate Ist Class, Nuh (Gurgaon), vide which he was convicted for the offence under Section 377 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- and in default thereof to undergo simple imprisonment for a period of six months.

(2.) The prosecution story, in brief, is that on 14.9.1996, the complainant - Shaukat, PW-1 was grazing the cattle at a distance of about 1 Km from his native village Mohammadpur Dhani. The accused was also grazing his cattle at that place. He caught hold of Shaukat and threw him on the ground. After tying his hands with the help of safi (piece of cloth), he opened the trousers of the complainant and committed carnal intercourse with him against the order of nature. Though, the complainant cried for help still no one came to his rescue. As a result of this sodomy, he became unconscious. After regaining conscious, he came to his house and narrated the incident to his father Yakub Khan, PW-5. The matter was reported to the police and the FIR was registered against the accused. The complainant was medically examined by Dr. P.K.Sharma, PW-7 who found injuries on his anal. The accused was arrested on 15.9.1996 and was medically examined by the same doctor. During the course of investigation, statements of the witnesses were recorded and after completion of the investigation, challan was put in before the Judicial Magistrate Ist Class for the trial of the accused, who found prima facie case against him and accordinglyE, charged him for the offence under Section 377 IPC. The accused pleaded not guilty and claimed trial. For proving guilt of the accused, prosecution examined Shaukat-complainant, PW-1, Constable Mukh Ram, PW-2, Suban, PW-3, Yakub, PW-4, Constable Sher Mohammad, PW-5, S.I. Ram Chander, PW-6, Dr. P.K.Sharma, PW-7. After the prosecution closed its evidence, the accused was examined by the trial court and his statement was recorded under Section 313. Cr.P.C. The incriminating circumstances appearing against him in the prosecution evidence were put to him. He denied the same and pleaded his false implication due to previous enmity. He was called upon to enter on his defence. In defence, he examined Lallu-DW-1 and Rattan Lal-DW-2. After hearing the Assistant Public Prosecutor and learned defence counsel for the accused and going through the records of the case, learned Judicial Magistrate Ist Class convicted and sentenced the accused as aforesaid. He preferred an appeal against his conviction and sentence which was dismissed vide impugned judgment dated 28.8.2003.

(3.) Notice of the revision was given to the State and the same has been contested on its behalf by Sh. Raja Sharma, Assistant Advocate General, Haryana.