The appellant is convicted for rape, causing hurt, fraudulent marriage, and criminal intimidation. The sentence of imprisonment is reduced to that already undergone. The appellant is ordered to pay compensation to the victim.

S.S.Saron, J.

1. this appeal has been filed by the appellant against the judgment and order dated 1.2.1997 passed by the learned Additional Sessions Judge, Kurukshetra whereby the appellant has been sentenced and convicted as under :-

Sr. No. Offence Sentence awarded

1. U/s. 376 IPC To undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5,000/-.

In default of payment of fine, the accused shall further undergo R.I. for a period of two years.

2. U/s. 292 IPC To undergo rigorous imprisonment for a period of one year.

3. U/s. 324 IPC To undergo R.I. for a period of one year.

4. U/s. 496 IPC To undergo R.I. for a period of five years.

5. U/s. 506 IPC To undergo rigorous imprisonment for a period of two years.

2. The sentences of imprisonment awarded to the appellant were ordered to run concurrently and the period of detention during investigation and trial of the case was ordered to be set off against the period of sentence awarded.

3. Case FIR No. 296 dated 21.8.1995 (Ex. PF/2) was registered against the appellant at Police Station Pehowa, District Kurukshetra for the offences under Sections 292-A, 509, 354, 324, 506 Indian Penal Code (`IPC for short) on the application of the complainant Sudarshan Kumar Arya (PW-8). It is alleged in the application by the complainant that he was resident of Kurukshetra and his daughter, i.e., the prosecutrix (PW-11) (name withheld) appeared in the B.Ed. examination and she had been studying since 1985. She has been an emotional girl and for the last three-four years she used to go to the shop of Kumar Sahni (Kumar Astrologer) (appellant) for the preparation of her horoscope. Thereafter once or twice, the complainant and his wife also visited the shop to show their hand so as to know about their future. His daughter gained faith in the astrology of the appellant and she started going to him to know her future. She as also other girls, used to visit him to know about their future. After the appellant gained her confidence by instigating her he took her indecent photographs. Thereafter, on the basis of the photographs, he for the post six months had been blackmailing her. He also threatened her to act at his bidding failing which he would eliminate her and her family. The appellant got the voice of the daughter of the complainant tape-recorded and also obtained some letters written under separate names. One day, when his daughter flatly refused to act according to the bidding of the appellant, he applied acid on her forehead and right forearm and stated that he would burn her with the acid. Thereafter, the daughter of the complainant got entrapped and whatever the appellant said to her, she did to save herself and her parents life. She did not know many of the persons whose names are there in the cassettes and to whom letters were written. The appellant now wanted her to do other wrong acts and his daughter refused. The appellant then one day called the complainant and made him hear the cassette and showed him the photographs and said that he should keep sending his daughter to him otherwise he would defame them in the city as also amongst their relatives. The complainant did not pay much heed to his talk but out of fear of being defamed, he had kept silent. In any case, the appellant sent copies of the audio cassettes, letters (photostat) and the photographs to complainants relatives. On this, the complainant being helpless submitted a complaint before the Superintendent of Police, Kurukshetra. It was requested that legal action be taken. The audio cassettes, letters (photostat) and the photographs were delivered to the complainants younger brother Subhash Arya at Panipat, his wifes brother Des Raj at Matloda and Shankar Lal Nandwani his wifes sisters husband at Panipat. On the basis of the complaint, FIR was registered. The Police investigated the case and filed challan in terms of Section 173 of the Code of Criminal Procedure (`Cr.P.C. for sho