DHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment of conviction and order of sentence dated 5.5.2001 (hereinafter referred to as the 'impugned judgment) whereby the learned Additional Sessions Judge (I), Kaithal (hereinafter referred to as the 'trial Court'), has convicted the Appellant for the commission of offence punishable under Section 376 read with Section 511 of IPC and awarded him sentence to undergo rigorous imprisonment for a period of three years.

(2.) Brief facts of the present case as set up by the prosecution, are that on 15.11.1999 at about 4.00 p.m., the prosecutrix along with her daughter, Geeta Devi, was going towards the fields of Joga Singh for fetching fodder. When they reached near the field of Dharma son of Faquiria, the accused- Appellant, namely, Dharma son of Lai Chand, suddenly came out of the sugarcane field and dragged the prosecutrix in the field after gagging her mouth with his hands. Thereafter, he broke open the string of her salwar and forcibly tried to commit rape upon the prosecutrix. However, the prosecutrix resisted. On seeing this, her daughter, Geeta Devi, raised alarm and ran towards the nearby Dera. However, one Rajbir, son of the brother-in-law (jeth) of the prosecutrix, met Geeta Devi on the way and both of them entered the sugarcane field. On seeing them, accused-Dharma, who was lying over the prosecutrix, ran away from the spot. In the meantime, Sukhbir, another son of the jeth of the prosecutrix. Both Rajbir and Sukhbir chased the accused and apprehended him after covering a distance of 6-7 killas. They brought the accused to the Dera of Joga Singh, where many other villagers had also'collected. However, the accused managed to slip from the Dera. After some time, the father of the accused along with other co-villagers, reached the Dera and attempts were made to compromise the matter. However, the Panchayat failed to get the matter compromised and the prosecutrix along with her husband, approached the Police and got recorded the complaint, Ex. PE, on 16,11.1999, on the basis of which, formal FIR, Ex. PE/1, was recorded.

(3.) On completion of investigation, challan was presented against the accused. Learned CJM, Kaithal, on finding a prima facie case against the accused, committed the same to the Court of Sessions whereupon, the accused was charge-sheeted for the commission of offence punishable under Section 376/511 IPC, to which the accused pleaded not guilty and claimed trial.