BHARTI Vs. STATE OF HARYANA
LAWS(P&H)-2013-9-792
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 26,2013

BHARTI Appellant
VERSUS
STATE OF HARYANA Respondents


Referred Judgements :-

ROHTASH VS. STATE OF HARYANA [REFERRED]


JUDGEMENT

- (1.)The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 03.10.2002, passed by the learned Sessions Judge, Faridabad, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- under Section 451 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. He was further convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- under Section 354 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. Both the sentences were ordered to run concurrently.
(2.)The brief facts of the prosecution case are that during the intervening night of 18/19.12.2000 at about 10/11.00 P.M., prosecutrix was lying on 'divan' in their room along with her 11/2 year old child and was watching television while keeping the light on. Her husband had gone out to answer the nature's call and he had put the latch of the house from the outside. After some time, their neighbour Bharti opened the latch from outside and entered their room. He then laid himself along with prosecutrix on the divan and took her in his arms and broke the string of her salwar. Thereafter, he tried to commit rape upon her. When prosecutrix tried to raise alarm and tried to go outside, Bharti pushed her and again laid her on divan. He gagged her mouth with one hand and picked up a knife kept in the almirah for cutting vegetables. He threatened prosecutrix that if she raised an alarm, then she would be done to death. Meanwhile, husband of prosecutrix came back. On seeing him, accused ran away. The matter was discussed in the brotherhood and in the Panchayat but when it did not result into satisfactory solution, then the matter was reported to the police on 21.12.2000. On the basis of statement of prosecutrix, ruqa Ex.PA/1 was sent to the police station, on the basis of which FIR Ex.PA/2 was recorded. The Investigating Officer inspected the spot. Rough site plan was prepared. Statements of witnesses were recorded. Accused was arrested. After necessary investigation, challan was presented against the accused-appellant. Finding prima facie case, the accused-appellant was charge-sheeted under Section 451 IPC, Section 376 read with Section 511 IPC and Section 506 IPC, to which he pleaded not guilty and claimed trial.
(3.)In support of its case, prosecution examined PW-1 Inspector Raghbir Singh, who mainly deposed regarding recording of FIR and regarding preparing report under Section 173 Cr.P.C. PW-2 prosecutrix mainly deposed as per prosecution version. PW-3 Rakesh, husband of prosecutrix also deposed as per prosecution version. PW-4 ASI Jagdish Chander mainly deposed that he arrested accused and also deposed regarding production of knife by the accused. PW-5 Anoj Kumar, Draftsman deposed regarding preparing of scaled site plan Ex.PE.


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