NIHAL KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.12.1999 passed by the learned Additional Sessions Judge, Gurgaon, convicting and sentencing the accused-appellant Nihal Khan (herein referred as 'the accused') to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5000/- under Section 376 IPC.

(2.) In nutshell, the prosecution allegations are that on 24.9.1996, at about 10.00 a.m., the prosecutrix (name not disclosed) made a statement to the effect that on 24.9.1996 she had gone to bring fodder from the field known as "Aamkawala". At about 11.30 a.m. when she was collecting fodder, the accused came quietly, caught her, closed her mouth with the help of safi (a short piece of cloth usually kept by the males in the villages on their shoulders); tied her hands with lugri (a cloth usually kept by females in the villages on their head); made her to lie down on the earth; opened the string of her salwar and raped her. She failed in her efforts to save herself. After the commission of crime, the accused fled away. She became unconscious. During struggle, she received injuries on her back, forehead, right eye and other parts of her body. Later on her husband arrived there and took her to their house. On the aforesaid statement Ex.PE, FIR was registered and case was investigated. She was got medically examined on 25.9.1996. The Investigating Officer prepared the rough site plan Ex.PF of the place of occurrence and took the salwar and shirt into possession. The doctor also sent the swabs to the Chemical Examiner. The Investigating Officer recorded the statements of the witnesses and completion of the investigation was followed by a report under Section 173 Cr.P.C.

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