KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has come up in appeal against the judgment of the Sessions Judge, Narnuai, convicting him under section 376/511 and 325 of the Indian Penal Code.

(2.) Briefly put, the prosecution case is as under:-

(3.) The prosecution, to establish the charge against the appellant, examined Dhanpati, PW 3, who stated that the appellant assaulted her carnally in the manner noticed hereinabove ; that her two incisors were broken because of a blow given by the appellant on her face and that on the alarm raised by her, her brother Ram Kishan besides PWs Ram Niwas and Guggan came to the spot. PW 4 Guggan is an eye witness who reached the place of occurrence on hearing the alarm of the prosecutrix and saw the appellant running away from the jawar crop, while trying to tie the knot of his pyjama and Dhanpati lying with her clothes torn in the jawar crop. Ram Kishan PW 5 is brother of the prosecutrix who reached the place of occurrence soonafter he heard the cry of his sister, he also saw her lying in the field and the appellant running away from jawar field. PW 7 Sheo Narain is the father of the prosecutrix. He informed the police on September 5, 1985 on the information given to him by his wife. He also stated that he had gone out to purchase bullocks and had come back three days after the occurrence.