GAJJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Gajjan Singh has filed the present criminal appeal and it has been directed against the judgment dated 3.2.1989 and order dated 1.3.1989 passed by the Court of Additional Sessions Judge, Ambala, who convicted the appellant under Section 376 Indian Penal Code and sentenced him to undergo RI for a period of two years and to pay a fine of Rs. 500/-. In default of payment of fine the appellant was directed to further undergo simple imprisonment for six months.

(2.) THE brief facts of the prosecution case are that Smt. Samso Devi (PW5) gave a statement before SI Om Parkash on 8.3.1988 that on 7.3.1988 at about 2.00 p.m. she went to ease herself in the nearby fields which are at a distance of 200 yards from her house. After easing herself she stood up. The appellant came there and fell her down and forcibly committed rape upon her. At that time the appellant was wearing a red shirt and an underwear. She tried to rescue herself but the appellant put his had on her mouth. After committing rape the appellant went away towards the fields. It has also been stated by the prosecutrix that her pendal, bali and koka had fallen on the ground. She came again to the spot from her house. Her pendal and Bali were found but koka was found missing. After going to her house she narrated the entire occurrence to her mother-in-law Nikki Devi (PW6) who convened a Panchayat on the same day. The appellant was called there and he told the Panchayat members that whatever he wanted to do he had done and that the would not compromise and the Panchayat could do whatever it liked. On the next day, Samso Devi along with her brother Duni Chand and her husband Om Parkash besides one Des Raj came to Police Station, Pinjore and lodged the report. She was got medico-legally examined in the civil hospital on 9.3.1988 at 8.55 a.m. The appellant was apprehended and was got medico-legally examined by PW 1 Dr. Prajesh Khera who found him capable of committing sexual intercourse. The clothes of the prosecutrix were sent to the office of Director, Forensic Science Laboratory. After receiving the report of the FSL and after completion of the investigation the appellant was challaned under Section 376 I.P.C. in the court of Area Magistrate who supplied the copies of documents to the appellant and vide commitment order dated 12.5.1988 committed the appellant to the Court of Session.

(3.) IN order to prove the charge the prosecution examined Dr. Prajesh Khera as PW1, who medico-legally examined the appellant and issued MLR Ex. PA vide which the appellant was declared fit to perform sexual intercourse. PW2 is the Charan Singh, Revenue Patwari, who prepared the scaled site plan Ex. PC of the place of occurrence in the presence of prosecutrix Samso Devi. PW3 is SI Parmal Singh, who partly investigated this case and recorded the statements of few witnesses. The story of the prosecution mainly relies upon the prosecutrix whose testimony has been corroborated by PW6 Nikki Devi. PW7 is Des Raj who was present when the Panchayat was convened in which the appellant was summoned. According to his witness the appellant stated before the Panchayat the he had quenched his thirst and the Panchayat can do whatever it likes. PW8 is Dr. Saroj Bala, Medical Officer, Civil Hospital, Kalka, who medico-legally examined the prosecutrix on 9.3.1988 at 8.55 a.m. and issued MLR Ex. PH. According to this witness, she also found some discharge over the underwear of the prosecutrix. However, there was no injury on the person of the prosecutrix. PW9 is SI Om Parkash, who conducted the main investigation in this case.