JAGDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prosecutrix (name not disclosed) aged about 11 years old was allegedly ravished on 5.9.1997 at about 3.00 p.m. by the accused-appellant Jagdev Singh (herein referred as 'the accused'). As such, he was prosecuted, convicted vide judgment dated 17.8.1998 passed by the learned Additional Sessions Judge, Karnal, and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 10,000/- which was to be paid as compensation to the prosecutrix.

(2.) The facts as culled out from the statement (Ex.PJ) made by Mahi Pal complainant (herein referred as 'the complainant') are that the prosecutrix being younger to his sons was about 11 years old and was mentally retarded. However, he had two more daughters younger to her. On 5.9.1997, at about 3.00 p.m. the prosecutrix had gone to the sugarcane field for easing herself, but did not return for some time, then he along with Kailash son of Jug Lal his neighbourer went to the field. After reaching near the field, they heard cries of the prosecutrix. While going deep into the sugarcane crop, they saw the accused without payjama and the prosecutrix without salwar and the latter was committing rape upon the prosecutrix. When they tried to catch the accused, he fled away. Thereafter, he got her daughter to wear the salwar. On this statement made by Mahi Pal Ex.PJ, ruqa was sent, on the basis of which FIR Ex.PJ/1 was recorded on the same day at about 7.15 p.m. The investigation was handled by Man Singh SI, who prepared the rough site plan Ex.PK, took into possession salwar of the prosecutrix and other articles into possession. The accused was arrested on the next day. After recording statement of the witnesses and on receipt of the report of the Forensic Science Laboratory Ex.PA, challaned the accused.

(3.) The accused was charged under Section 376(2)(f) IPC, to which he pleaded not guilty and claimed trial.