MUNIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Munia son of Rawat Singh, aged 29 years, has challenged the judgment rendered by Sessions Judge, Narnaul whereby he was convicted for offence under Section 376 IPC and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for six months. In the present case, occurrence had taken place on 6.3.1994 in the fields of prosecutrix. She got her statement recorded on 8.3.1994 at Police Station Mohindergarh at 6.10 P.M. In her statement to the police, prosecutrix stated that she is resident of village Jawa. On 6.3.1994, she had gone to her fields falling within the revenue estate of village Khudana to fetch the grass. At about 10.00 A.M. when she was collecting the grass, Munia resident of the village came. When he reached there, he pressed her neck and made her fall down on the ground. After untying the string of the salwar, he committed rape. Thereafter, he ran away from the spot. Prosecutrix returned to the house and narrated the occurrence to the mother of Munia. On the next day, she discussed the incident with her husband and thereafter the complaint was lodged. The prosecutrix was aged 50 years, whereas the accused- appellant was aged 29 years.

(2.) Sessions Judge, Narnaul on 2.9.1994 charged the appellant for offence under Section 376 IPC for committing rape upon the prosecutrix (name withheld) on 6.3.1994 at 10.00 A.M.

(3.) Dr.R.S.Sharma appeared as PW1 and opined that the appellant was capable of committing intercourse.