TARSEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE case of the prosecution is that on the intervening night of 14/15.1.1992 Tarsem Kumar appellant committed rape on Mamta aged about 8 yeas in the school. The accused was apprehended at the spot. The matter was reported to the police on the basis of which FIR was registered on the statement of Smt. Kareshni Devi PW-7. ASI Pale Ram and SI Beer Singh PW- 14 conducted the investigation in this case. The accused was arrested. After completion of the investigation, the challan was presented before the illaqa magistrate. As the offence was exclusively triable by the Court of Session, therefore, the illaqua magistrate committed the case to the Court of Session. On commitment, the case was entrusted to the Additional Sessions Judge, Kurukshetra.

(2.) A prima facie case under Section 376 IPC was made out against the accused to which the appellant pleaded not guilty and claimed a trial.

(3.) WHEN the appellant was examined under Section 313 Sr. P.C. to explain the incriminating evidence appearing in the prosecution evidence, he denied simplicitor and pleaded false implication. The appellant was called upon to lead evidence in defence but he did not lead any evidence in defence.