HEM RAJ S/O. MOTI RAM Vs. STATE OF HARYANA
LAWS(SC)-2014-1-73
SUPREME COURT OF INDIA
Decided on
January 03,2014
Hem Raj S/O. Moti Ram
Appellant
VERSUS
STATE OF HARYANA
Respondents
Referred Judgements :-
STATE OF MAHARASHTRA STREE ATYACHAR VIRODHI PARISHAD MAHARASHTRA STATE VS. CHANDRA PRAKASH KEWAL CHAND JAIN:CHANDRA PRAKASH KEWAL CHAND JAIN POLICE SUB INSPECTOR POLICE STATION SITABULDI NAGPUR TEHSIL AND DISTRICT NAGPUR [REFERRED TO]Cited Judgements :-
GHANSHYAM YADAV VS. STATE OF U P [LAWS(ALL)-2014-4-441] [REFERRED TO]DUBARI VS. STATE OF U P [LAWS(ALL)-2014-4-462] [REFERRED TO]
SUNIL KUMAR MISHRA VS. STATE OF U P [LAWS(ALL)-2014-8-481] [REFERRED TO]
ANIL KUMAR (IN JAIL) VS. STATE OF U P [LAWS(ALL)-2014-7-472] [REFERRED TO]
RAVINDRA VS. STATE OF U P [LAWS(ALL)-2014-3-396] [REFERRED TO]
DILEEP VERMA VS. STATE OF U.P. [LAWS(ALL)-2016-5-93] [REFERRED TO]
PAPPU VS. STATE [LAWS(DLH)-2016-5-63] [REFERRED TO]
RAVINDRA VS. STATE OF MADHYA PRADESH [LAWS(SC)-2015-2-85] [REFERRED TO]
SAJI JOSEPH VS. STATE OF KERALA [LAWS(KER)-2023-4-2] [REFERRED TO]
MOKHA SINGH @ YOGENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2015-5-41] [REFERRED TO]
CHAITU @ MANIRAM VS. STATE OF U P [LAWS(ALL)-2014-5-458] [REFERRED TO]
SATISH KUMAR GUPTA VS. STATE OF U P [LAWS(ALL)-2014-9-477] [REFERRED TO]
PRATAP VS. STATE OF U P [LAWS(ALL)-2014-9-593] [REFERRED TO]
BHAGWAN SINGH VS. THE ANDAMAN & NICOBAR ADMINISTRATION [LAWS(CAL)-2014-12-58] [REFERRED TO]
RAMJEET VS. STATE OF U P [LAWS(ALL)-2014-11-387] [REFERRED TO]
ASLAM VS. STATE OF U.P. [LAWS(ALL)-2023-1-40] [REFERRED TO]
RASHPAL SINGH VS. STATE OF J & K [LAWS(J&K)-2017-8-145] [REFERRED TO]
SARVESH MALOO S/O SHRI NATWAR LAL MALOO VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-8-280] [REFERRED TO]
RAJESH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-3-21] [REFERRED TO]
STATE VS. HABIB [LAWS(DLH)-2014-5-444] [REFERRED TO]
HARKESH BADRILAL KHERVA (VERMA) VS. STATE OF GUJARAT [LAWS(GJH)-2017-12-305] [REFERRED TO]
DHYAN SINGH GOND VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-11-48] [REFERRED TO]
VINOD KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-11-72] [REFERRED TO]
SUHIL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2014-5-571] [REFERRED TO]
GANGA RAM VS. STATE OF U P [LAWS(ALL)-2014-7-31] [REFERRED TO]
PUNEET VS. STATE OF U P [LAWS(ALL)-2014-3-345] [REFERRED TO]
MANOJ VS. STATE OF U P [LAWS(ALL)-2015-2-173] [REFERRED TO]
BYASDEV HALDAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-3-18] [REFERRED TO]
MANBIR KAMI @ BISHWAKARMA VS. STATE OF SIKKIM [LAWS(SIK)-2016-9-2] [REFERRED TO]
ASHOK KUMAR VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-2-68] [REFERRED TO]
SANKAR MANDAL VS. STATE OF TRIPURA [LAWS(TRIP)-2018-7-1] [REFERRED TO]
PATHAMUTHU VS. STATE [LAWS(MAD)-2019-7-68] [REFERRED TO]
BANSHI VS. STATE OF U P [LAWS(ALL)-2014-3-355] [REFERRED TO]
DATARAM VS. STATE OF U P [LAWS(ALL)-2014-10-209] [REFERRED TO]
RAJESH TRIPATHI S/O NAND LAL TIWARI VS. STATE OF U P [LAWS(ALL)-2014-10-226] [REFERRED TO]
PANKAJ VS. STATE OF U P [LAWS(ALL)-2014-8-442] [REFERRED TO]
CHAND MOHAMMAD VS. STATE OF U P [LAWS(ALL)-2014-8-542] [REFERRED TO]
MOHAMMAD IMRAN SIDDIQUI @ JAAN VS. STATE OF U P [LAWS(ALL)-2014-9-404] [REFERRED TO]
CHHANGU VS. STATE OF U P [LAWS(ALL)-2014-9-515] [REFERRED TO]
BINDER PASI VS. STATE OF U P [LAWS(ALL)-2014-7-356] [REFERRED TO]
ANIL KUMAR BAJPAI VS. STATE OF U P [LAWS(ALL)-2014-5-413] [REFERRED TO]
RAM SUKH PAL VS. STATE OF U P [LAWS(ALL)-2014-5-461] [REFERRED TO]
PANNA VS. STATE OF U.P. [LAWS(ALL)-2016-7-43] [REFERRED]
SAMBHU DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-4-29] [REFERRED TO]
ALPESHKUMAR @ PAPPU SHAILASBHAI DUND VS. STATE OF GUJARAT [LAWS(GJH)-2018-7-403] [REFERRED TO]
MANUBHAI PANCHABHAI SABALIYA T. KOLI VS. STATE OF GUJARAT [LAWS(GJH)-2015-10-82] [REFERRED TO]
AJOY BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-11-43] [REFERRED TO]
JAIRAM JAISWAL VS. STATE OF ASSAM [LAWS(GAU)-2016-5-94] [REFERRED TO]
AJAI KUMAR VS. STATE OF U P [LAWS(ALL)-2014-3-321] [REFERRED TO]
BADRI @ GAMMEY VS. STATE OF U P [LAWS(ALL)-2014-8-429] [REFERRED TO]
KALLU VS. STATE OF U P [LAWS(ALL)-2014-9-408] [REFERRED TO]
ARVIND KUMAR CHAUBEY VS. STATE OF U P [LAWS(ALL)-2014-9-578] [REFERRED TO]
KHUSHI LAL VS. STATE OF U P [LAWS(ALL)-2014-5-510] [REFERRED TO]
ANGNU LAL VS. STATE OF U P [LAWS(ALL)-2014-5-539] [REFERRED TO]
BABLU SAINI VS. STATE OF U.P. [LAWS(ALL)-2016-7-11] [REFERRED]
RAM SWAROOP PATHAK VS. STATE OF M.P. [LAWS(MPH)-2015-3-33] [REFERRED TO]
BABLU SAH VS. STATE OF BIHAR [LAWS(PAT)-2014-4-156] [REFERRED TO]
RAM DAS VS. STATE [LAWS(ALL)-2015-8-79] [REFERRED TO]
AZIZ VS. STATE OF U P [LAWS(ALL)-2015-5-265] [REFERRED TO]
BAGGHU VS. STATE OF U P [LAWS(ALL)-2014-9-495] [REFERRED TO]
JHAGAROO VS. STATE OF U P [LAWS(ALL)-2014-5-452] [REFERRED TO]
DESHPAL MAURYA VS. STATE OF U P [LAWS(ALL)-2014-4-422] [REFERRED TO]
RAJESH VS. STATE OF U P [LAWS(ALL)-2014-4-454] [REFERRED TO]
MANJAY @ MANOJ KUMAR VS. STATE OF U P [LAWS(ALL)-2014-4-472] [REFERRED TO]
SUNEEL KUMAR VS. STATE OF U.P. [LAWS(ALL)-2023-4-59] [REFERRED TO]
MANOJ KUMAR S S/O A G SURESH VS. STATE OF KARNATAKA [LAWS(KAR)-2015-6-473] [REFERRED]
CHAMAN VS. STATE OF UP [LAWS(ALL)-2014-8-274] [REFERRED TO]
RADHEY SHYAM VS. STATE OF U P [LAWS(ALL)-2014-9-371] [REFERRED TO]
NARENDRA KUMAR SAROJ VS. STATE OF U P [LAWS(ALL)-2014-9-493] [REFERRED TO]
MONU VS. STATE OF U P [LAWS(ALL)-2014-9-562] [REFERRED TO]
SANT KUMAR & ORS VS. STATE OF U P [LAWS(ALL)-2014-12-357] [REFERRED TO]
DURGESH KUMAR SONAR VS. STATE OF U P [LAWS(ALL)-2014-10-52] [REFERRED TO]
SANTOSH VS. STATE OF U P [LAWS(ALL)-2014-4-490] [REFERRED TO]
RAMU TIWARI VS. STATE OF U.P. [LAWS(ALL)-2014-4-185] [REFERRED TO]
SHEIKH @ MD. SAFIL VS. THE STATE OF BIHAR [LAWS(PAT)-2014-3-66] [REFERRED TO]
CHANDRA BAHADUR RAI VS. STATE OF SIKKIM [LAWS(SIK)-2020-6-10] [REFERRED TO]
ADESH DUBEY VS. STATE OF NCT OF DELHI [LAWS(DLH)-2014-5-592] [REFERRED TO]
STATE OF J&K VS. GULZAR AHMED BHAT AND OTHERS [LAWS(J&K)-2017-2-58] [REFERRED TO]
STATE (NCT OF DELHI) VS. MUNNA @ RIKAS [LAWS(DLH)-2017-10-121] [REFERRED TO]
SHATRUGHAN SALIKRAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-12-151] [REFERRED TO]
RAHUL RAMESH BURTE AND ORS. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-9-56] [REFERRED TO]
DEVENDRA PRAKASH VISHWAKARMA VS. STATE OF U.P. [LAWS(ALL)-2014-7-337] [REFERRED TO]
KAILASH VS. STATAE OF U P [LAWS(ALL)-2014-8-337] [REFERRED TO]
RAMESH TIWARI VS. STATE OF U P [LAWS(ALL)-2014-12-50] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)The Appellant was tried by the Additional Sessions Judge, Faridabad in Sessions Case No. RBT-8 of 1999 for offences punishable under Sections 376 and 450 of the Indian Penal Code. By judgment and order dated 3/8/2001, learned Additional Sessions Judge convicted the Appellant for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a period of one year. The Appellant was also convicted for offence punishable under Section 450 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a period of two months. The substantive sentences were ordered to run concurrently. Being aggrieved by the said conviction and sentence, the Appellant filed criminal appeal in the Punjab and Haryana High Court. By the impugned judgment, the High Court dismissed the said appeal. Hence, this appeal, by special leave.
(3.)According to the prosecution on 12/3/1999, the prosecutrix who was examined as PW-5 was watching a film on television along with her younger brothers till 12.30 in the night. Both her brothers went to sleep. She went outside the veranda to relieve herself. The Appellant, who is her neighbour, was standing on the wall of his house. He jumped from the wall, came to her house and raped her. When the prosecutrix raised alarm, her elder brother PW-1 Fateh Ram came there whereupon the Appellant ran away. The prosecutrix lodged her complaint on 14/3/1999 on the basis of which investigation was set into motion. After completion of investigation, the Appellant came to be charged as aforesaid.
(2.)The Appellant was tried by the Additional Sessions Judge, Faridabad in Sessions Case No. RBT-8 of 1999 for offences punishable under Sections 376 and 450 of the Indian Penal Code. By judgment and order dated 3/8/2001, learned Additional Sessions Judge convicted the Appellant for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a period of one year. The Appellant was also convicted for offence punishable under Section 450 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a period of two months. The substantive sentences were ordered to run concurrently. Being aggrieved by the said conviction and sentence, the Appellant filed criminal appeal in the Punjab and Haryana High Court. By the impugned judgment, the High Court dismissed the said appeal. Hence, this appeal, by special leave.
(3.)According to the prosecution on 12/3/1999, the prosecutrix who was examined as PW-5 was watching a film on television along with her younger brothers till 12.30 in the night. Both her brothers went to sleep. She went outside the veranda to relieve herself. The Appellant, who is her neighbour, was standing on the wall of his house. He jumped from the wall, came to her house and raped her. When the prosecutrix raised alarm, her elder brother PW-1 Fateh Ram came there whereupon the Appellant ran away. The prosecutrix lodged her complaint on 14/3/1999 on the basis of which investigation was set into motion. After completion of investigation, the Appellant came to be charged as aforesaid.
Copyright © Regent Computronics Pvt.Ltd.