RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by Rajinder Singh son of Lichhman Singh. He has assailed the impugned judgment dated 5.11.1997 recorded by Additional Sessions Judge, Panipat on 5.11.1997 whereby the appellant was held guilty for offence under Section 376 IPC. On 6.11.1997, the Court of Additional Sessions Judge, Panipat passed order of sentence and the appellant was sentenced to undergo rigorous imprisonment for eight years and a fine of Rs.2,000/-. In default of payment of fine, he was ordered to undergo rigorous imprisonment for one year. In the appeal, it has been prayed that conviction recorded and the sentence awarded be set aside. FIR in the present case was lodged on the basis of statement made by the prosecutrix. Name of the prosecutrix is withheld so that her identity is not disclosed. In the statement, Ex.PD prosecutrix stated that she was resident of Village Kachrauli. Her father was working as a labourer. Four months before the occurrence, her mother had died. On 30.3.1996 at 4.00 A.M., she had gone to answer the call of nature, when accused reached there. He gagged the mouth of the prosecutrix, entangled her in his arms and forcibly took her in the fields of wheat. He opened the string of salwar and committed the offence of rape. On noise raised, Ashu Ram, uncle Beeru Ram and Hukam Chand reached at the spot. Accused ran away from the spot.

(2.) In the present case, FIR was recorded on the same day at 1.40 P.M. Special Report reached the Illaqa Magistrate on the same day at 3.45 P.M.

(3.) Report under Section 173 Cr.P.C. was submitted against the appellant. The Court of Additional Sessions Judge, Panipat charged the appellant for offence under Section 376 IPC. The charge stated that on 30.3.1996 at 4.00 P.M. sppellant committed rape of prosecutrix aged 14 years and committed offence under Section 376 IPC. Appellant pleaded not guilty and claimed trial.