SAT KUMAR @ NANHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON being committed to the court of Session for trial under Section 376 IPC Sat Kumar alias Nanha son of Bishna resident of Khanpur was tried by Additional Sessions Judge, Karnal under section 376 IPC for having raped Kulwinder Kaur daughter of Jasvir Singh (a child aged 6/7 years) on 28.10.92 in the area of village Khanpur.

(2.) AT the conclusion of the trial, charge under section 376 IPC was held to have been proved against him. He was accordingly convicted and sentenced to undergo R.I for 10 years and to pay fine of Rs. 500/-, in default to undergo further RI for 2 years vide order dated 5/8.2.94. Sat Kumar has knocked the door of this Court through this criminal appeal whereby he has questioned his conviction and sentence recorded against him by Additional Sessions Judge, Karnal and has prayed for his acquittal.

(3.) FROM the possession of the accused pursuant to his disclosure statement, one underwear was recovered lying concealed in the parali in fields near the tube-well. That underwear was made into a sealed parcel and taken into possession. That sealed parcel containing the underwear was also sent to the chemical examiner. Chemical examiner vide report Ex. PA found salwar, shirt, khes and bed sheet stained with numerous large and small blood stains. Blood was detected on vaginal swabs. Dari was stained with a few medium and small blood stains. Traces of blood too small for serological tests were detected on underwear. Human semen was detected on vaginal swab, underwear. No semen could be detected on salwar, shirt, bed sheet, khes, dari. Blood detected on salwar, shirt and bed sheet was human blood. Kulwinder Kaur prosecutrix PW supported the prosecution case in all its essential details. She had known Sat Kumar since before, as such there could be no mistake about his identity. She had stated about commission of rape upon her by accused. She stated that she had gone to the shop of Sat Kumar to collect pieces of cloth for making a doll. Sat Kumar bolted the door of the shop from inside and she was laid on the cot behind the curtain. He removed her salwar and put his male organ in her vagina and gave push to his male organ whereupon she cried due to pain. Then there was knock by Fateh Singh and Soran at the door whereupon the accused ran away. Blood came out of her private part. Her father also came there. Fateh Singh also stated to the same effect.