SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUBHASH Chand son of Shri Prem Chand, has filed the present appeal and it has been directed against the judgment and order dated 16.2.1989, passed by the Court of learned Sessions Judge, Kurukshetra, who convicted the appellant under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for a period of five years.

(2.) THE allegations against the appellant are that on 16.10.1988 he allegedly committed rape upon Raj Rani, aged 8 years, daughter of PW6 Bachan Singh and Smt. Parkash Kaur PW5, at about 12 noon in a room in the fertilizer depot premises in the area of Pipli. The appellant was arrested under Section 376 IPC vide FIR No. 213 dated 16.10.1988, registered in Police-Station, Sadar Thanesar. On the completion of the investigation of the case, accused was challaned in the Court of area Magistrate who vide order dated 30.11.1988 committed the accused-appellant to the Court of Session to face the trial. He was charged under Section 376 IPC by the learned trial Court. The charge- sheet was read over and explained to the appellant to which he pleaded not guilty and claimed trial.

(3.) DURING the course of investigation, accused was arrested on 18.10.1988 and he was wearing Pajama Ex.P.1 which was got removed from his person and a sealed parcel was prepared. On 19.10.1988, accused-appellant was interrogated about his clothes and he suffered a disclosure statement Ex.PK and in pursuance of that he got recovered kuchha Ex.P.2. The Thanedar made a sealed parcel thereof and it was taken into possession vide memo Ex.PK/1.