DAYA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was convicted under Section 363 and Section 376 read with Section 511 IPC in case FIR No. 25 dated 26.02.2004 by Learned Addl. Sessions Judge, Bhiwani and was sentenced to undergo rigorous imprisonment for a period of five years and a fine of Rs. 2000/ - under Section 376 read with Section 511 IPC. In default of payment of fine, he was directed to undergo rigorous imprisonment for six months. Mahender, father of the prosecutrix lodged a report Ex. PB with the police on 26.02.2004 that he had left the house at 6:00 A.M. to attend his duty. At 7:00 P.M. a boy from the neighbourhood informed him about the incident and he came home and inquired from his daughter and his aunt Roshni and came to know that at about 6:00 P.M. his six year old daughter had been taken away by Daya Singh to the fields and her clothes were removed and Daya Singh removed his own clothes and his daughter was thrown on the ground and when the girl started crying, Roshni reached the spot. On seeing Roshni, Daya Singh fled away. FIR Ex. PB/1 was registered at 10:50 P.M. the same night under Section 363 IPC. The statement of the girl was also recorded and a report was laid in the Court under Section 363, 376/511 IPC.

(2.) THE accused was charged under Section 363, 376, 511 IPC to which he pleaded not guilty and claimed trial.

(3.) IN the statement recorded under Section 313 Cr.P.C., the accused pleaded false implication but led no evidence in his defence.