BALWANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Balwant has preferred the present appeal against the judgment and order of sentence dated 15.06.2007, passed by the Sessions Judge, Hisar, vide which he has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years under Section 376 IPC. However, he has been acquitted under Section 506 IPC Brief facts of the prosecution case are that accused Balwant, who is father of the prosecutrix has committed rape upon her. On 17.08.2005, when the prosecutrix alongwith her younger sister came from the school in the recess, accused allowed the younger sister of the prosecutrix aged about six years to go back to school but did not allow the prosecutrix aged about 8 years to go back to school. At that time, wife of the accused and mother of the children had gone to jungle for fetching fodder for the cattle. The house of younger brother of the accused namely Bulli Ram was adjoining to his house which is an abandoned house and there is only one cot. Accused took the prosecutrix in that house and gave threat that if she raised alarm she would be killed. Accused put off all his clothes except underwear and also forcibly removed the salwar of the prosecutrix. Then he started committing rape forcibly. On hearing the cries of the prosecutrix, Mahinder and Balraj came from their adjoining houses and rushed towards the place of occurrence. On seeing them, accused ran away from the spot after jumping over the wall and he while jumping the wall also received injuries. When the complainant, who is mother of the prosecutrix, came to her house at about 4:00 p.m. after fetching fodder, prosecutrix told all the facts to her. The complainant consulted her brotherhood and relations and told them about the misdeed done by her husband with her daughter. Ultimately, it was advised by all of them that the legal action must be taken against him. When complainant Roshni was going to report the matter, police party met her and she got recorded her statement to ASI Raj Kumar on 18.08.2005 at about 4:50 p.m. Ruqa was sent to the police station on the basis of which FIR was registered. Then the Investigating Officer visited the spot and prepared the rough site plan. Statements of witnesses including prosecutrix were recorded. Prosecutrix was got medically examined from General Hospital, Hisar. On the same day, Rajender and Chandi Ram produced accused Balwant before the police and he was arrested. Investigating Officer also got him medically examined from General Hospital, Hisar. Statement of prosecutrix under Section 164 Cr.P.C. was also recorded by Judicial Magistrate Ist Class on 22.08.2005. After completion of investigation, challan was presented against the accused.

(2.) On presentation of challan, copy of challan and other documents were supplied to the accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was charged for the offences under Sections 376 and 506 IPC to which he pleaded not guilty and claimed trial.

(3.) In support of its case, the prosecution examined PW1 ASI Om Kumar, who mainly deposed regarding scribing of FIR Ex.PA/2 after receiving the statement of Roshni Ex.PA with endorsement Ex.PA/1. PW2 Constable Bansi Lal is a formal witness, who tendered into evidence his affidavit Ex.PC. He also deposed regarding handing over two sealed parcels by the doctor to him which were taken into police possession. PW3 Dr.Bhupinder, Medical Officer, General Hospital, Hisar, medico legally examined Balwant on 18.05.2005 and found the following injuries on his person:-