OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two criminal appeals bearing CR A-D-815-DB of 2011 and CR A-S-1017-SB of 2011 are being decided together because both have arisen from the order dated 29.03.2001/31.03.2011 passed by the Trial Court convicting the appellant-accused for the offence punishable under Section 376(1) of the Indian Penal Code, 1860 [for short "IPC"] and sentencing him to undergo rigorous imprisonment for a period of seven years with fine of Rs. 1,00,000/- and in default of payment of fine, to undergo further simple imprisonment for one year. It is ordered that out of the amount of fine, if realised, a sum of Rs. 75,000/- shall be paid to the prosecutrix as compensation. CR A-S-1017-SB of 2011 is filed by the appellant-accused for his acquittal, whereas CR A-D-815-DB of 2011 is filed by appellant Om Parkash, father of the prosecutrix, for enhancement of the sentence.

(2.) Statement of the prosecutrix (PW 4) was recorded on 20.09.2008 by ASI Kundan Lai (PW 13) and formal FIR (Ex. PD/2) was recorded on the same day in which it is alleged by her that she is a resident of village NanglI Pehanki and is 14 years of age. Her father is an agriculturist. They are four sisters and two brothers and she is at No. 2, studying in Govt. Girls High School, Aherwan in 8th class. About six months ago, when she was returning from the fields in the day time, after answering the call of nature, appellant-accused who was a Teacher in her school, called her by signal while standing in front of the school to take the dues of her mother who was working as a Cook in the school for preparing mid-day meal. She believed him and went inside the school where no-one was present. Appellant-accused forcibly took her in a room and committed rape and said that if she disclose anything to her family members, then he will kidnap her and eliminate her family. Thereafter, the appellant-accused committed rape upon her several times. About 15-20 days back, she felt that she is pregnant by the loins of the appellant-accused. On 18.09.2008, appellant-accused gave her a tablet with water for terminating the pregnancy because of which she had pain in her belly. Then she narrated all the matter to her mother. After some time, the foetus was aborted. Her parents did not take her to the hospital, but on the date of registration of the FIR, her mother told the matter to her father who called the police on telephone.

(3.) The prosecutrix was medico-legally examined on 21.09.2008 by Dr. Usha Mathur (PW 2) who did not find any external mark of injury on any part of her body. Her vagina was admitting two fingers easily but bleeding was present at that time. Her abdomen was tense and pregnancy test was positive. The appellant-accused was also medico-legally examined by Dr. Jayant Ahuja (PW 10), who filed his affidavit Ex. PW 10/A and opined that the appellant-accused was capable of performing sexual intercourse.