RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.8.2007/order of sentence dated 29.8.2007 passed by the court of learned Sessions Judge, Bhiwani whereby he convicted and sentenced the accused Rajesh to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 15,000/- under Section 376 of I.P.C. and in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) The factual score records that on 12.9.2006, the prosecutrix (to prevent social victimization, name of the prosecutrix/victim is not being indicated in view of Premiya alias Prem Prakash v. State of Rajasthan, 2008 4 RCR(Cri) 539 made statement before Satyawan Assistant Sub Inspector in the terms that on that day at about 2.00/2.30 P.M. she carried lunch for her father to their 'bara' (enclosure). Her father was erecting 'chhan' (thatched roof) of Suraj Bhan. Finding her alone, the accused came over there and broke the string of her salwar and started having sexual intercourse with her after having stuffed her chuni (headgear) in her mouth due to which she could not raise hue and cry. Meanwhile, her father came there. On catching sight of him, the accused took to his heels. The 'chuni' was taken out from her mouth by her father. The negotiations for compromise did not make head way. On the basis of this statement, formal F.I.R. was registered. The accused was put under arrest. After completion of investigation, the charge-sheet was laid in the court for trial of the accused.

(3.) The accused was charged under Section 376 of I.P.C. to which he did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined PW-1 Dr. Amrita Bhardwaj, PW-2 Sub Inspector Virender Singh, PW-3 Sub Inspector Jaipal Singh, PW- 4 prosecutrix, PW-5 Parkash father of the prosecutrix, PW-6 Satbir Singh Draftsman, PW-7 Madan Singh, PW-8 Head Constable Rajpal Singh, PW-9 Constable Rajesh, PW-10 Dr. Neeraj Indora, PW-11 Assistant Sub Inspector Satyawan Investigating Officer and closed its evidence.