REKH BAHADUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) REKH Bahadur has filed the present appeal to challenge the conviction and sentence imposed upon him by the Additional Sessions Judge, Panipat on 23/24.11.2001.

(2.) BRIEFLY stated, the facts of the prosecution case as brought out in the testimony of its witnesses are that Vishnu Bahadur PW12 was employed as a labourer in Hargo Textile, Panipat. He used to live in the factory along with his wife, six years old son Umesh and two years old daughter Bhawani. The appellant was employed as a Chowkidar in the factory. On 3.10.1997 when Vishnu Bahadur returned to his house at 4.00 P.M., he found that his daughter is not present in the house and Rekh Bahadur, Chowkidar was not available in the factory. Along with Hukam Bahadur, he started searching for his daughter and near the water tank of Haryana Urban Development Authority, Panipat he found her. She was bleeding and thereupon Vishnu Bahadur and Yash Pal Singh PW13 went to the Police Station. Yash Pal Singh, who was working as a J.E. with Chattar Singh Saini, Contractor of Delhi made a statement to the effect that on 3.10.1997 at 4.00 P.M. he along with Kesra Ram, Ramesh and Naresh Kumar was sitting inside the boundary wall of their office and godown which is situated near the Haryana Urban Development Authority park. In the meantime, they saw a small girl of about four years coming weeping from the side of the M.J.R. School road. On getting up, they saw the girl's frock smeared with blood and she was having blood stains on her legs and private parts. According to his statement, the girl appeared to be Nepalese and some unknown person seems to have committed rape on her at some unknown place in the jungle. After search, Vishnu Bahadur son of Hari Lal, the father of the girl had come present and disclosed the name of the girl as Bhawani and on the basis of the statement of Yash Pal Singh, ASI Ram Chander PW14 had recorded the FIR. After registration of the FIR, ASI Ram Chander had gone to the spot where the father of Bhawani had met him and statement of Vishnu Bahadur was also recorded. ASI Ram Chander thereafter had accompanied Vishnu Bahadur and child to their quarter and there the statements of Kamla and Man Bahadur were recorded. The child was got medico legally examined at the Civil Hospital, Panipat from Dr. Abha Bhawan PW10. Doctor had taken the swabs and prepared the slides, which were sealed by ASI Ram Chander with the seal of RS and both the parcels along with samples were taken into possession through memo Ex.PW7/A, which was attested by Head Constable Rambir. The parcel was deposited with MHC on the same day. In the evening of 6.10.1997 ASI Ram Chander was present near the Truck Union in connection with patrol duty, where Hukam Bahadur produced the appellant, who was interrogated and got medico legally examined. After medical examination of Rekh Bahadur, the Doctor handed over to ASI Ram Chander one parcel containing underwear worn by the appellant, which was taken into possession through recovery memo Ex.PD. The appellant was arrested and put in the lock up. On 7.10.1997 on pointing out of Kamla and Hukam Bahadur a rough site plan Ex. PL was prepared. Investigating Officer also recorded the statement of owner of the factory. On completion of the investigation, a challan was presented against the appellant before the Illaqa Magistrate, who committed the same to the Court of Sessions for trial as offences disclosed therein were exclusively triable by that Court.

(3.) TO bring home the charge, the prosecution examined SI Shamsher Singh as PW1, Constable Mangat Ram as PW2, HC Randhir Singh as PW3, Constable Ram Phal as PW4, Constable Jagbir Singh as PW5, Navneet Kumar as PW6, Head Constable Rambir Singh as PW7, Constable Ram Niwas as PW8, Dr. Arun Sehgal as PW9, Dr. Abha Bhawan as PW10, ASI Ram Kumar as PW11, Vishnu Bahadur as PW12, Yash Pal Singh as PW13 and ASI Ram Chander as PW14.