JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 18.07.2017/25.07.2017 rendered by the Ld. Additional Sessions Judge-cum-Special Court for Heinous Crimes against Women, Hisar in Sessions Case No. 136-SC of 2015, whereby the appellant, who was charged with and tried for offence punishable under Section 376 IPC and Section 6 of The Protection of Children from Sexual Offences Act, 2012 and Section 3 of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities ) Act, 1989 has been convicted and sentenced as under:

(2.) The sentences were ordered to run concurrently.

(3.) The case of the prosecution in a nutshell is that on 02.09.2015 complainant/prosecutrix (name withheld to conceal her identity) alongwith her family members visited the police station and got recorded her statement to the police in the presence of Ms. Rekha Mittal, Legal Aid Counsel alleging therein that she was 7th class pass and used to do labour work. She was unmarried. On 31.08.2015 at about 9.00 AM Sunita wife of Jagdish son of Sheo Chand (appellant), resident of Gaibipur came to her house and took her mother to her fields to pick up the cotton crop. While leaving the house, her mother asked the prosecutrix to get meals for her to the fields. At about 10.30 a.m. the prosecutrix was taking the meals for her mother to the fields of accused. But she did not know the exact location of the fields. Therefore, she asked the accused about the location of his fields but accused intentionally did not disclose the exact location of his fields. Rather he sent her to the wrong location to mislead her. Accused reached there prior to prosecutrix. When, the prosecutrix reached near the said field, he caught hold of her and gagged her mouth with her chunni. Thereafter, he committed rape with her. He also threatened her with dire consequences if she disclosed about the incident to anybody. Due to fear, she did not disclose about the incident to anybody. However on the next day i.e., 01.09.2015 she was suffering from fever. On being asked by her aunt-Banto she disclosed about the incident to her. Thereafter the matter was reported to the police. On the basis of this statement FIR was registered. The matter was investigated. Prosecutrix was produced before the Magistrate and her statement under section 164 Cr.P.C. was recorded. Accused was arrested. Medical examination of accused as well as that of prosecutrix was got conducted. Site plan of the place of occurrence was prepared. Statements of witnesses were recorded. The samples collected at the time of medical examination were sent to the Forensic Science Laboratory Madhuban for chemical examination. After completion of investigation, challan was presented to the court.