RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment rendered by Additional Sessions Judge, Karnal whereby appellant was found guilty of offence under Section 376 IPC. The trial Court had sentenced appellant Ram Kumar to undergo rigorous imprisonment for seven years and a fine of Rs.1,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for three months.

(2.) Appellant Ram Kumar son of Sat Pal was named as accused in case FIR No.99 dated 19.3.1996 registered at Police Station Gharaunda under Section 376 IPC.

(3.) On 19.3.1996, ASI Raj Singh along with Constable Satish Kumar was present near Bus Stand, Gharaunda, when prosecutrix along with one Ved Singh and his wife Kasturi Devi met him. Statement of prosecutrix Ex.PM was recorded. ASI Raj Singh appended endorsement Ex.PM/1 and sent the same for registration of the FIR. On the basis of the statement made by the prosecutrix, formal FIR Ex.PM/2 was recorded. In her statement, the prosecutrix stated that she is aged 15/16 years. She is resident of B.B.C. Brick-kiln, Faridpur where she used to reside with her parents who were working as labourers. On 19.3.1996 at about 5.00 A.M., prosecutrix had gone to the fields near the brick-kiln to ease herself. At that time, the accused who is also working at the brick-kiln appeared there, gagged her mouth and dragged her to the compound of brick-kiln. There accused-appellant broke the string of the salwar of the prosecutrix and forcibly raped her. The accused had gagged her mouth but due to resistance hand of the accused was removed and on the noise raised by the prosecutrix, one Mukesh was attracted at the spot. The accused ran away from the spot. Mukesh brought the prosecutrix to her hut, where she along with her parents was going to lodge the report when police met her. Statement of the prosecutrix Ex.PF was recorded by Judicial Magistrate Ist Class under Section 164 Cr.P.C.. Thereafter, report under Section 173 Cr.P.C. was submitted and the appellant was charged by the Court of Additional Sessions Judge, Karnal. The charge stated that on 19.3.1996 in the area of Faridpur, accused had committed rape upon the prosecutrix without her consent and committed offence under Section 376 IPC. The accused pleaded not guilty and claimed trial.