SHAYAMA ALIAS DADI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Augustine George Masih, J. - Appellant, who has been convicted and sentenced to undergo life imprisonment for commission of an offence punishable under Section 376 of Indian Penal Code (for short, "IPC") along with fine of L 25,000/- and shall not be released from jail till his death and further sentenced to undergo RI for a period of seven years along with fine of L 5,000/- for commission of an offence punishable under Section 506 IPC, with both substantive sentences to run concurrently, vide order dated 13.10.2012, has preferred the present appeal challenging the judgement of conviction dated 09.10.2012 as also order of sentence dated 13.10.2012.

(2.) The brief facts, as per the prosecution, are that prosecutrix, who was a 16 years old minor girl, studying in Class IV in Government School, Bhuna, met ASI Baljit Singh along with her mother, Rajwanti, while he was on patrolling duty in the area of Bus Stand, Kangthali on 04.01.2011. Statement of the prosecutrix, Ex.PG, was recorded, as per which she had two married sisters as also two unmarried brothers. Her father was employed as a Sweeper in Mumbai and since he was ill, her mother, Rajwanti along with her younger brother Shekhar had gone there to take care of him, because of which her elder sister, Seema, had come to the parental house to stay.

(3.) Rajwanti, mother of the prosecutrix, was working as a Sweepers in the School at Bhuna. On 26.12.2010, which was a Sunday, the prosecutrix had gone to clean the school premises in place of her mother, who had gone to Mumbai. The main gate being locked, she scaled the wall to enter the school premises. Appellant, Shayama alias Dadi son of Pala Ram (hereinafter referred to as "appellant"), who is her Uncle in relation, was already present in the School cutting branches of the trees. As soon as the prosecutrix entered a room of the School, the appellant too came there and bolted the room from inside and committed rape with her. When the prosecutrix resisted and tried to raise alarm, her mouth was gagged by the appellant and criminally intimidated and threatened her with dire consequences. Her elder sister, Seema, came to the School and on seeing her, the appellant fled away from the scene of occurrence. The prosecutrix then narrated the entire occurrence to her sister.