PREM ALIAS BALLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant challenges his conviction under Section 376, IPC and sentence of rigorous imprisonment for five years awarded to him.

(2.) The case of the prosecution is that on 13-5-1984, 'S' (victim of rape whose name is being withheld), a minor girl, was picking up cow dung at 4.00 p.m. and the accused was grazing cattle nearby. The accused caught hold of 'S', gauged her mouth with the help of her chuni, untied her under garments and committed rape. She tried to free herself, but could not succeed and in the process her shirt was torn. Somehow she got her mouth released and raised lalkara, on which Mehar Singh and Prem PWs came to the spot. On seeing the witnesses, the accused ran away. The victim was taken to her house, where she narrated the incident to her father and after calling the Sarpanch, the victim, her father and Sarpanch left for police station and on meeting ASI Karam Singh, a case was got registered. The victim was medically examined. The accused was arrested and also medically examined. After investigation, the accused was challaned.

(3.) The prosecution examined P.W. 1 Dr. (Mrs) Navita Gaur, who stated that she examined the victim and found that "her secondary sex characters were not fully developed. The auxiliary and pubic hairs were absent. The breasts were small and had just started developing. There were no marks of external injury on any part of her body. The examination of vulva revealed redness and tenderness of fourchette. The separation of labia showed cruciate rupture of hymen and the edges were red and tender. The vaginal orifice admitted one finger. The patient had not yet started menstruating."