SUNDER ALIAS SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sunder alias Surender son of Kartar Singh, aged 19 years, resident of Ward No.10, Tosham, District Bhiwani has challenged the judgment delivered by Sessions Judge, Bhiwani whereby he was held guilty of offence under Section 376 IPC and was sentenced to undergo rigorous imprisonment for ten years. Prosecutrix was also resident of the same Ward. On 11th August, 1996, Prosecutrix appeared in the Police Station accompanied by her mother Jarmanti and grandfather Balbir Singh. On statement made by her, FIR Ex.PK was registered. As per the mandate given by Hon'ble Supreme Court, name of the prosecutrix has been withheld.

(2.) Prosecutrix gave her age to be 13/14 years and stated that she was a student of 8th Class and was having one sister and one brother. Her father was ill from last many days. Her mother Jarmanti had gone to bring fodder for the cattle. She was present in her house and had not gone to school, as 11th August, 1996 was Sunday. At about 11.00 a.m. she had gone to forest on the back side of the Bank to ease herself. At that time accused appellant was sitting behind the Kikkar trees. He caught hold of the prosecutrix, gagged her mouth and forcibly committed rape. The accused, after commission of sexual intercourse, ran away from the spot. The prosecutrix came back to her house and narrated the occurrence to her mother and waited for arrival of her grandfather Balbir Singh and thereafter, she accompanied by them came to the Police Station to lodge report.

(3.) The matter was investigated and report under Section 173 was submitted. Appellant was charged for offence under Section 376 IPC. The charge stated that on 11th August, 1996 at about 11.00 a.m. in the area of village Tosham, he had committed rape upon the prosecutrix. The accused pleaded not guilty and claimed trial.