Document Fragment View
Fragment Information
Showing contexts for: SONEPAT in Pawan Kumar And Another vs State Of Haryana on 18 December, 2013Matching Fragments
1. Challenge in this appeal is to the judgment of conviction dated 27.1.2003 and the order of sentence dated 29.1.2003, passed by the learned Additional Sessions Judge, Sonepat, whereby the appellants were held guilty for commission of the offences punishable under Sections 323 and 324 read with Section 34, IPC, and ordered to undergo the following sentences:
Under Section Sentence (RI) Fine In Default (RI) 323 read with 34, IPC 6 months `1,000/- 1 month 324 read with 34, IPC 2 years `5,000/- 6 months Both the substantive sentences were ordered to run Kapoor Prashant 2014.01.06 13:08 I attest to the accuracy of this order concurrently.
3. Learned counsel for the State vehemently opposed the prayer of the learned counsel for the appellants to release them on probation. However, he concedes that the appellants are neither previous convicts nor involved in any other case. He has placed on record the affidavits of the Superintendent, District Jail, Sonepat, showing the period of incarceration suffered by the appellants which are taken on record.
6. The brief facts of the case are that the prosecutrix (name concealed) had gone to the fields of the appellants on 5.6.2000, at 9:00 a.m. for collecting fodder from the crop standing there. The appellants armed with sticks, emerged there and started beating the prosecutrix. Smt. Shakuntla (PW4) and Smt. Suraj Kaur (not examined), who were also collecting fodder from the nearby fields, arrived at the spot and rescued the prosecutrix from the clutches of the appellants. The prosecutrix was carried to Community Health Centre, Kharkhoda, District Sonepat, where she was medico-legally examined by Dr. D.K. Bhardwaj (PW3). He found several simple injuries on her person. ASI Anil Kumar (PW5) went to Community Health Centre, Kharkhoda, after receipt of information from Dr. Bhardwaj (PW3). After obtaining the fitness certificate from the doctor, he (ASI) recorded the statement (Ex.PA) of the prosecutrix (PW1). The said statement was sent to the Police Station, Kharkhoda, on the basis of which, formal FIR (Ex. PA/2) for the offences punishable under Sections 323 and 324 read with Section 34, IPC, was Kapoor Prashant 2014.01.06 13:08 I attest to the accuracy of this order registered. On 19.6.2000, after about 4 days of registration of the case, the prosecutrix suffered a supplementary statement alleging that due to the multiple injuries she had forgotten to narrate the true facts to the police. In fact, the appellants had embraced her and made her to fall on the ground. Appellant No. 2, Parminder, untied the string of her salwar and placed himself on her person. She started crying and after hearing the same, her aunts arrived at the spot. On seeing them, the appellants started beating the prosecutrix. On the basis of the said supplementary statement, the offence punishable under Section 376 read with Section 511, IPC, was added. The appellants were arrested and after completion of the investigation, the charge- sheet (report under Section 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate.
14. Keeping in view the totality of the facts and circumstances of the case, the execution of the remaining substantive sentences of the appellants is kept in abeyance and they are ordered to be released on probation for a period of two years from the date they furnish the bonds in the sum of `75,000/- each with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonepat. During the probation period, the appellants shall maintain peace and be of good behaviour. In case any of the appellants violates the terms and conditions of the bonds to be furnished by them, in that eventuality the violator would be called upon by the Court of competent jurisdiction to serve out the remaining part of his substantive sentence. Each of the appellant is further directed to pay `75,000/- (`75,000/- x 2 = `1,50,000/-) as compensation to the prosecutrix (PW1) in terms of Section 357, Cr.P.C. The amount of compensation as ordered by this Court, shall be deposited by the appellants within two months of passing of this judgment or at the time of furnishing of the bonds, as stipulated above, whichever is earlier. On realization of the amount of compensation, learned Chief Judicial Magistrate, Sonepat, shall Kapoor Prashant 2014.01.06 13:08 I attest to the accuracy of this order issue a notice to the prosecutrix (PW1) for collecting the same in accordance with the norms on the subject. In case either of the appellants fails to deposit the amount of compensation awarded by this Court, in that eventuality the sentence awarded by the learned Trial Court shall enure.