BALJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has filed this appeal against judgment dated 1.4.1987, vide which he was found guilty and convicted for commission of offence under Section 376 IPC and against the order dated 2.4.1987, vide which he was sentenced to undergo RI for seven years and was directed to pay a fine of Rs. 200/- and in case of default of payment of fine, to further undergo RI for three months.

(2.) Briefly, it was story of the prosecution that Kamla (PW-2), prosecutrix alongwith her children was living alone in her house in village Bahu Akbarpur. Her husband was running a vegetable shop in village Ghewra near Delhi. On 12.8.1986, at about 12.30 p.m. (noon), when she was collecting fuel wood from the fields of one Bhup, the appellant/accused took her in his embrace from back side and dragged her forcibly to the standing crop nearby, he put off his own pajama, opened string of her salwar, forcibly made her to lie on the ground under threat and committed rape upon her without her consent. On alarm being raised by the prosecutrix, Dharambir (PW-3) and Khajani were attracted to the spot and they saw the appellant/accused running away from the spot while taking his pajama in his hand. The prosecutrix narrated the entire story to the PWs, referred to above, who brought her to her house. She narrated the entire occurrence to her father-in-law Giani Ram. Prosecutrix accompanied by her father-in-law went to the police station, Sadar Rohtak, where her statement (Ex.P8) was recorded, on the basis of which, an FIR was registered against the appellant/accused. The prosecutrix was medically examined on 12.8.1986 at 6.15 p.m. and the doctor (PW1) opined as under :-

(3.) It is apparent from the records that the doctor had taken in possession Salwar, underwear of the prosecutrix and also took vaginal swab, pubic hair in possession. Those articles were sent for chemical examination. Appellant/accused was arrested on 16.8.1986 and was medico legally examined. No injury was found on his person. His underwear was taken in custody and sent for chemical examination. Vide report dated 19.9.1986 (Ex.PH), Chemical Examiner had detected semen on salwar and vaginal swab of the prosecutrix and underwear (Ex.P5) of the accused.