OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The conviction of the accused-appellant under Section 376 (2) (g), 325 and 323 read with Section 34 of the Indian Penal Code is inter alia based on the evidence of the prosecutrix, PW-5, which is duly corroborated by the evidence of PW-4 (Pawan Kumar) and PW-6 (Jai Bhagwan, brother of the prosecutrix).

(2.) Though, some variance in the statements made in the F.I.R. and in the testimony in Court insofar as the accused-appellant is concerned has been pointed out, we do not consider the said variance to be of any significant consequence to the prosecution case. PW-5, the prosecutrix, has in no certain terms implicated, among others, the present accused who is the uncle of her husband for offences under Section 376 (2) (g), 325 and 323 read with Section 34 of the Indian Penal Code.

(3.) Upon due consideration of the testimony of the prosecutrix along with the medical evidence on record of PW-1- Dr. Mrs. A.K. Butani, specially with regard to the injuries leading to the commission of the offence under Section 325 IPC, we have no reason to doubt the intrinsic worth of what has been deposed to by the prosecutrix coupled with the corroboration available, as stated above.