CHAND SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In case FIR No. 70 dated 13.2.1998 registered under Sections 452, 376/511 of the Indian Penal Code at Police Station Khol (Sessions Case No. 14 of 1998). Chand Singh son of Kanhi Ram caste Ahir, resident of village Luhana was convicted by the Additional Sessions Judge, Rewari vide order dated 13.1.1999 and was sentenced to undergo imprisonment as follows : <FRM>JUDGEMENT_115_LAWS(P&H)3_2002_1.html</FRM>

(2.) Both the substantive sentences were ordered to run concurrently. Not satisfied with the conviction and sentence imposed upon him by Additional Sessions Judge, Rewari vide order dated 13/15.1.1999, Chand Singh has come up in appeal to this Court.

(3.) The prosecution case in brief is that, Smt. Bhuri Devi widow of Chiranji Lal, aged about 90 years, was blind for the last 20 years. On 9.2.1998 at about 4.00 P.M., she was lying on a cot in the Bramda of her house while every other member of the family, whether male or female, was away to the fields. Children were also away to the school. Chand Singh accused intruded into the house and sat on the same cot. He started indulging into indecent acts with her. He started pinching her. He started fondling her feet. He lifted her peticoat and lay on her. She raised hue and cry. In the meantime, her grand-daughter (dohti) Neelam came from school. Her grandson Naresh and Vijender also came. On seeing them, he ran away. If they had not arrived, he would have raped her. She narrated the entire incident to the members of the family. Panchayat was also gathered to sort out this matter. Panchayat could not sort out this matter. Kanhi Ram father of Chand Singh accused refused to abide by any decision of the Panchayat. Even he refused to cause the appearance of his son Chand Singh before the Panchayat. The matter was reported to the Police by Chiranji Lal Sarpanch, Gram Panchayat, Luhana on 13. 2.1998 vide application Exhibit P-C, on the basis of which case FIR No. 70 dated 13.2.1998 was registered at Police Station Khol under Sections 452, 376/511 of the Indian Penal Code. After investigation, Chand Singh was challaned.