LILLA ALIAS DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Lilla alias Dharambir has filed this appeal through jail against the judgment of conviction and order of sentence dated 9.8.2002/10.8.2002 passed by learned Additional Sessions Judge (Ad hoc), Hisar, whereby he has been held guilty and convicted for the offences under Sections 452 and 376 of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for three years for the offence under Section 452 IPC. He has also been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 376 IPC. The substantive sentences awarded against the accused-appellant have, however been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of Suman-complainant, who mainly stated that she is aged about 8 years and studying in second standard. On that day i.e. on 6.7.2001 at about 2.00 p.m., Lilla, who is their neighbour and is aged about 30 years came to their house and sent her Tau Raja Ram out of the house and he shut the door. He told her to go out and bring 'Jamun' and that he was to talk to her 'Dadi' (prosecutrix). He removed the 'Salwar' of her 'Dadi' (prosecutrix) and by removing his own 'Pajama', he lied over her 'Dadi' (prosecutrix) aged 60 years. The complainant further deposed that she was doing her home work of the school in the room. Her 'Dadi' was on the cot in the 'Bethak' and she was making the noise of 'Oon Oon' because she is deaf and dumb and a mental case.

(3.) The Investigating Officer SI Dharampal, after recording the FIR went to the spot and got medico-legally examined the prosecutrix.