STATE OF HARYANA Vs. JASWANT SINGH

JUDGEMENT

(1.) JASWANT Singh (20) was tried for offences under sections 452/376/506 of the Indian Penal Code by the learned Additional Sessions Judge, Narnaul, and acquitted by order dated July 16, 1983. The State has preferred the present appeal against acquittal.

(2.) THE prosecution case is that Smt. Kamla PW-2 prosecutrix, was alone in her parents house having come from her in-laws for a short while. Her own parents had gone to the Nohra for milking the cattle. On February 27, 1983, the accused, who is also a resident of the same village Moondi in the area of Police Station Khol, entered the house. At that time Kamla was preparing meals in the kitchen. The accused caught hold of her, undid the string of her salwar and felled her on the ground and started committing rape on her. The prosecutrix raised alarm, which attracted her aunt Smt. Surastri PW 3. Smt. Surasti rescued the proseutrix. Before leaving the accused dealt a threat to the prosecutrix that if she disclosed about the incident to anyone, she would be done to death. After some time the parents of the prosecutrix returned to the house and the prosecutrix narrated the entire occurrence to them. As the prosecutrix is a married woman, her father went to her in-laws house in order to consult them whether the matter should be reported to the Police. He returned after consulting the in-law of his daughter, the next day at about 3 p.m. He took the prosecutrix to, the Police Station Khol where first information report was recorded on the statement if the prosecutrix by SI Baljit Singh SHO at 8 p.m., after 36 hours of the occurrence. During investigation, the prosecutrix as well as the accused were got medically examined.

(3.) THE plea of the accused was one of denial. He led no evidence in defence.