ASHWANI KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant, Ashwani Kumar, (hereinafter to be referred as the accused) has filed this appeal against the Judgment of conviction dtd. 5/8/2014, whereby the learned 3rd Additional Sessions Judge, Jammu has convicted him under Sec. 363 and 376/511 RPC and order of sentence of the even date, whereby he has been sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.2000.00 in proof of offence under sec. 363 RPC and imprisonment for 7 years and to pay fine of Rs.25,000.00 in proof of offence under Sec. 376/511 RPC. In case of default in payment of fine, the appellant has to undergo further imprisonment of one month and two months respectively. Sentences under both the Sec. have to run concurrently.

(2.) Heard Mr. D. S. Saini, learned counsel appearing on behalf of the accused and Mr. Sanjeev Padha, GA appearing on behalf of the State.

(3.) Prosecution case as it was set out before the learned trial court is that on 29/11/2010 in the evening the victim (prosecutrix), a girl aged five years, had gone with her mother, Pawna Kumari (PW-2), to the house of Om Parkash to attend the marriage ceremony his son, Ravi Kumar, in village, Badyala Chak. The accused had also come there. The accused with criminal intention lured the victim with offer of giving her toffees from the nearby shop and saying that her father was also sitting there. The accused succeed in his design, he lifted the victim in his lap from the marriage function and took her to a dark and secluded area where he committed rape on her. The victim started crying but the accused scared her by saying that ghost will come there and eat her. When the victim was about to turn unconscious, the accused got scared, brought her back to the village and left her near her house after threatening her with dire consequences, in case she will divulge the matter to any person.