SUKHJIT CHOUDHARY Vs. STATE OF HARYANA
LAWS(P&H)-2016-9-140
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 06,2016

Sukhjit Choudhary Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

- (1.)The aforesaid appeals lay challenge to the common judgment of conviction and sentence dated 19.07.2004 and 21.08.2004 respectively vide which the appellants have been held guilty under Sections 363, 366-A, 343, 376(2)(g) and 120-B IPC. They had been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/- under Section 363 IPC. In default of fine they were required to undergo further rigorous imprisonment for three months. They were sentenced to undergo rigorous imprisonment for ten years and fine of Rs.2000/- each under Sections 366A, 376(2)(g) and 343 IPC. In default whereof, they were to undergo further rigorous imprisonment for one year. They were also sentenced to undergo rigorous imprisonment for six months under Section 343 IPC. All the sentences were ordered to run concurrently.
(2.)The prosecution case finds its origin in the statement, Ex.PC dated 20.03.2000 made by Mukesh, wherein he informed that his 13 years old niece, hereinafter referred to as the prosecutrix was missing since the evening of 19.03.2000. He mentioned that Surinder told him that when he was present at Pataudi Chowk, Gurgaon and had seen the prosecutrix sitting with Bittu @ Mahavir and Mahavir Dahiya on a scooter, driven by Bittu @ Mahavir and he had tried to stop them, but in vain. It also came to light that 10-15 days earlier, Sukhjit Choudhary, a teacher at Panchgaon, Gurgaon had given Rs.200/- to the prosecutrix and allured her to continue meeting Mahavir Dahiya and Bittu @ Mahavir. He suspected that his niece had been enticed away by Mahavir Dahiya and Bittu @ Mahavir in conspiracy with Sukhjit Choudhary and Bhagwan Singh son of Ramsharan Lal Aggarwal, a tenant of Mahavir.
(3.)On the basis thereof, FIR, Ex.PF, bearing No. 175 dated 20.03.2000 was registered under Sections 363, 366 and 120-B IPC. Special report was sent to the high authorities. Accused Bhagwan Singh was arrested on 21.03.2000. The story further unfolded by the prosecution was that on 22.03.2000 the police received information that the prosecutrix was being taken in a DTC bus towards Delhi side by two persons. The police party found prosecutrix in the company of her father Narain Singh and his brother Ran Singh. She was weeping. Her medical examination was conducted. She narrated to the police that on 19.03.2000 Mahavir Dahiya and Bittu @ Mahavir took her on a scooter to some distance where a car was parked, wherein Parveen and Sukhjit Choudhary were already sitting and she was forcibly taken to a house where she was confined and raped by Mahavir Dahiya, Bittu @ Mahavir and Parveen whereas Sukhjit Choudhary used to remain outside the room. The prosecutrix took the police party to house No. 119, Sector 14, Gurgaon, and demarcated the room where she was kept confined and raped. Covers of two quilts and a pant was taken into possession, which were sent to FSL for analysis. Offence of rape and illegal confinement was added. Accused Sukhjit Choudhary was arrested on 23.03.2000 and a Maruti car bearing registration No. HR24-G-0002 was taken in possession. Accused Bitu @ Mahavir was arrested on 06.04.2000 and his disclosure statement was recorded. Accused Parveen was arrested on 25.04.2000 and his disclosure statement was recorded. Accused Mahavir Dahiya could not be arrested and P.O. proceedings were initiated. On completion of investigation, final report was filed against Bhagwan Sarup, Sukhjit Choudhary, Mahavir @ Bittu and Parveen.


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