NOORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of the present appeal, the appellant has challenged his conviction and sentence for the offences under Sections 376 and 452 IPC.

(2.) On 6.2.1997 at 11.30 A.M. Ahmad son of Pitra, caste Meo, resident of Singar reached Police Station Punahana and submitted an application to the Station House Officer. It was stated therein that on 27.1.1997, he and his family members were away from the house in connection with death of a relative. In their absence, his son's wife was present in the house. At about 12 mid-night, the appellant came to his house and after opening the door by giving it a push, he came inside. He then committed rape upon his son's wife. The latter raised an alarm lalkara which attracted people from the neighbourhood. The appellant ran away from the spot. While he was running away, he was seen by a number of persons. When the complainant and his family members came back, they learnt about the incident. The incident was also brought to the notice of the panchayat of the village. The panchayat had been trying to settle the matter at its level but no decision could be arrived at. Accordingly, the complainant prayed for taking appropriate action against the appellant.

(3.) After recording DDR No. 11 dated 6.2.1997 on the basis of the application submitted by the complainant, ASI Siri Dev, alongwith Constable Mahavir, went to village Singar and recorded the statement of the prosecutrix on 7.2.1997 at 4.00 P.M. on the basis of which formal FIR was registered against the appellant at Police Station, Punahana for an offence under Section 376 IPC. In her statement Ex.PF, the prosecutrix stated that she was 34/35 years of age and married, having four children. On 27.1.1997, she was all alone in the house and sleeping. The members of her family had left on 26.1.1997 to attend the last rites of her brother-in-law. At about 11.00 P.M., the appellant came to her house and after giving push to the door, entered inside. On seeing her all alone, he broke the string of her salwar and had forcible sexual intercourse with her. When she raised an alarm, Sardar son of Mutki, resident of the village, came present at the spot. The appellant pushed him aside and managed to flee from the spot. Out of shame, she left for her parents' place. Only a day before, i.e. on 6.2.1997, her husband brought her back. She narrated the entire incident to her husband and father-in-law. Accordingly, she prayed for taking strict action against the appellant.