BHUPINDER ALIAS MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide order dated 23/25-4-1998 of Additional Sessions Judge, Jagadhri, Bhupinder alias Mohinder Singh accused was convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1000.00 for having raped Rahisa daughter of Dilsad, a girl aged about 8 years on 10-7-1996 in the area of village Devdhar, police station Chhachrauli.

(2.) The prosecution case in brief is that Rahisa, daughter of complainant Dilsad, aged 8 years was reading in a Madan's Private School in village Devdhar in first standard. In that school, his neighbour Naresh's daughter Rinki, aged 5 years was also reading. Those girls used to be left at the school on the morning by their respective fathers. After the school was over, they used to return to their respective houses on foot. As usual on 10-7-1996, Dilsad left his daughter Rahisa in the school at about 7.00 a.m., and went on duty to Nathanpur, where he was working as RTM in the Electricity Board. At about 3.00 p.m., when he was away to village Lakkar for attending some complaint, he was told by his neighbour Mohd. Mustafa that his daughter Rahisa had been raped by an unknown young man at about 1.30 p.m., in a sugarcane field which is at a distance of one killa away from the gher of Raj Kumar Ex-Sarpanch of village Devdhar. He was told that his daughter was in bad shape and that he should reach home without any delay. He and Mohd. Mustafa came to his house immediately. He found the clothes of his daughter stained with blood. He asked her as to what had happened to her. At that time, Rahisa was in a state of grave nervousness. He and his wife took Rahisa to Chhachrauli hospital for treatment. The doctor medically examined her and started giving her treatment. He reported the matter to the police vide statement Ex. PF, on the basis of which FIR No. 20 was registered at police station Chhachrauli under Section 376 of the Indian Penal Code. After investigation, Bhupinder alias Mohinder Singh was challaned under Section 376, I. P. C. Case was committed to the Court of Session by Chief Judicial Magistrate, Jagadhri vide order dated 26-8-1996.

(3.) Accused was charged under Section 376, I. P. C. by Additional Sessions Judge, Jagadhri vide order dated 3-10-1996. Accused pleaded not guilty to the charge and claimed trial.