MOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mohan Lal (hereinafter referred as appellant) was prosecuted for the offence under Sec. 376 read with Sec. 511 of the Indian Penal Code for attempting to commit rape upon the prosecutrix, aged about 14/15 years.

(2.) Surti Ram (PW-5), father of the prosecutrix lodged an FIR on the allegations that on 28.06.1996 at about 8:00 a.m., he and his wife had gone to visit his in-laws at Karnal for enquiring about the well being of his father-in-law. In the evening, when they came back, they learned from the prosecutrix (PW-6) (name not disclosed) that she had gone to bring grass from the field of one Satish Master, when she was cutting the grass, the accused arrived there, caught hold of her forcibly; felled her in the maize field and broke open the string of her Salwar. However, on raising the alarm, Smt. Bohti Devi ( PW-7) came there. On seeing her, the accused fled away from there. On the basis of the aforesaid complaint Ex.PC, made before Sub Inspector Ishwar Singh (PW-8), the First Information Report Ex.PC/1 was registered. The case was investigated and the accused was challaned under Sec. 376 read with Sec. 511 of the Indian Penal Code.

(3.) The prosecution in order to establish the charge against the accused examined Dr. Amarjeet Wadhwa, Medical Officer (PW-1). She besides, medico legally examining her, took the vaginal swabs and the wearing apparel of the prosecutrix into possession. She proved her medico-legal report Ex.PA. According to this report, no injury was detected anywhere in or around the vulva. Two fingers were easily invertible in vagina. Hymen was absent. Old healed tears were present. She was followed by Dr. Virender Bharti, who had medico-legally examined the accused, proved his report Ex.PB according to which, the accused was capable of doing sexual intercourse. Jai Parkash, Head Constable (PW-3) was a formal witness, who had recorded the First Information Report (Ex.PC/1) on the basis of the complaint Ex.PC. Roshan Lal, Photographer (PW-4) proved the photograph Ex.P-1 and the negative thereof Ex.P-2. This photograph reflected the standing crop of maize.