NARINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE two appeals, one from the jail and another through an Advocate have been filed against the conviction and sentence imposed on the appellant by the learned Sessions Judge, Rohtak for the offences under Section 376 and 506 I.P.C. in Sessions Case No. 16/14-11-1995/8-5-1997 decided on 29.7.1997.

(2.) ACCORDING to the case of the prosecution, on 3.7.1995 accused committed rape on Sunita at the point of knife. On a complaint given by the victim, a case was registered under Sections 376 and 506 I.P.C. On the basis of the material placed before him, the learned Magistrate committed the case to the Session and the learned Sessions Judge framed charges against the accused for the offences under Sections 376 and 506 I.P.C. The accused pleaded not guilty.

(3.) ON a consideration of the evidence on record, the learned Sessions Judge found that the age of the prosecutrix was more than 16 years on the day of the alleged occurrence and the plea of the accused that she had illicit relations with Gopal of his village was not believed. He did not believe the story of the prosecution that the accused committed rape on Sunita at the point of knife. But holding that the charge against the accused stood proved, he convicted the accused for the offence under Section 376 and sentenced him to undergo R.I. for four years and to pay a fine of Rs. 500/-. Hence this appeal.