HARI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant has come up in appeal against his conviction and sentence under section 376 of the Indian Penal Code recorded by Additional Sessions Judge (III), Rohtak.

(2.) THE prosecution story, briefly put, is as under :- The prosecutrix's father PW-8 Raghbir Singh is working as a Khalasi at Railway Station, Shakur Basti Delhi; that he used to go to Delhi from his village Pehrawar; that on the evening of December 9, 1985 Murti asked him that she was to go to Nangloi and her husband was to attend his duties during night, he should send the prosecutrix to her house so that she could sleep there with her small children; that the prosecutrix went to the house of Murti; that she alongwith Nirmala, Vedu and Sushma went to sleep; that Nirmala and the prosecutrix had slept on one cot, while on the other cot, the other children had slept; that the door of the room was bolted from inside; that at about mid-night, the accused appellant knocked at the door of the house and the same was opened by Vedu; that the accused lighted a lamp and then put it off and thereafter, he threatened the prosecutrix and the children of Murti; that the accused picked up the prosecutrix and took her to another kotha of the house, where one cot was lying; that he laid her on the said cot and threatened her not to narrate the incident to anybody that he opened the string of the salwar of the prosecutrix and committed rape upon her thrice; that before committing rape, the accused got oil from Vedu and applied the same on the vagina of the prosecutrix; that the prosecutrix was stopped from raising the alarm by the accused by gagging her month with his hands; that after committing rape upon the prosecutrix the accused went away from the kotha and the prosecutrix remained weeping throughout the night; that at about 6/7 A.M. the prosecutrix went to her house and narrated the incident to her mother's sister Dhan Pati, who then took off her salwar and saw the same; that Dhan Pati kept the salwar with her and went to Delhi to call the prose cutrix's father; that the prosecutrix's father alongwith Dhan Pati came to the village and the entire incident was narrated to him by the prosecutrix; that the prosecutrix's father collected the Panchayat of the village, but the accused did not come there as he had absconded and that the panchayat advised prosecutrix's father to lodge report at the police station. The report was lodged on December 11, 1985 at about 5 P.M.

(3.) THE accused, when examined under section 313 of the Code' of Criminal Procedure, denied the prosecution allegations. He alleged that his father and Mange Ram had strained relations and quarrel between them took place in his absence and he was involved in the instant case at the instance of the son of Mange Ram. In defence, the accused examined Murti Devi (DW1) and Ram Kumar (DW2).