HARPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against judgment dated 3.9.1997, passed by Additional Sessions Judge (1) Jind, whereby he convicted the appellant under Section 376 I.P.C. and sentenced him to undergo rigorous imprisonment for seven years; to pay a fine of Rs. 1000/- and in default of payment of fine, he was directed to further undergo rigorous imprisonment for six months.

(2.) Briefly stated the facts of the prosecution case are that in March, 1997 prosecutrix wife of Telu, aged, 20 years, was residing in village Intal Khurd. During the intervening night of 17/18.3.1997 her husband had gone out of station and she was sleeping in her house all alone. She had already been conceived at that time. At about 9.30 P.M. some body knocked at the main door of her house. She asked who is at the door. The said person replied that he was Satbir, resident of Mirchpur and asked her to open the door as her husband was under the influence of liquor. When she heard about the condition of her husband, she opened the door. Satbir and Harpal entered the house. She asked where her husband was, but they did not respond. Satbir asked Harpal to do his job and he himself went from there on the pretext of bringing Telu from the trolly of the tractor. Harpal who was previously known to the prosecutrix said "you are still young in age and immature. Why you have separated." In the meantime, Raj Kumar @ Raju son of Hari Singh, resident of village Intal Khurd came there on hearing the knocking of the door. He directed Harpal to go to his house and asked the prosecutrix to sleep, but Harpal directed Raju to go to his house and not to interfere in the private matter. At this, Raju went. Harpal (appellant) bolted the door of the house of the prosecutrix from inside. Prosecutrix cried, but Harpal made her to lay on a cot, broke the siting of her salwar and tried to remove the same. She gave a kick to him and again raised a noise of "Bachao Bachao". Harpal pressed her neck and threatened her to put to death in case she cried. When she looked at the window of the room, she saw that two-three persons were standing outside the window and were trying to remove the curtain. On realizing, that there was some conspiracy and danger to her life, she kept quiet. Harpal removed her underwear and then committed rape with her and thereafter left the spot. Prosecutrix saw three persons, namely, Satbir Mirchpuria, Rajive alias Babban son of Tek Ram and Sukhbir alias Kala son of Kapoor Singh, residents of village, Intal-Khurd standing outside her house and then going in the street in the light of her house. On the next morning at about 12.15 P.M., she went to the Police Station Sadar Jind and reported the matter to the police whereupon F.I.R. (Ex. PK) was registered against the accused persons.

(3.) After the case was registered, police took the prosecutrix to the General Hospital, Jind for her medical examination and after completion of necessary formalities, accused persons were sent up for trial under Section 376(g), 506/34 and 120-B of the Indian Penal Code.