ISHWAR GIRI @ SOM DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been directed by the accused against judgment dated 23.4.1998 and order dated 24.4.1998 passed by the learned Additional Sessions Judge, Karnal, whereby he was found guilty and convicted under Sections 342 and 376(2)(f) IPC and sentenced to undergo 10 years' rigorous imprisonment and fine of Rs. 1000/- under Section 376(2)(f) IPC; in default of payment of fine he was further sentenced to undergo R.I. for two months. He was also sentenced to undergo R.I. for six months under Section 342 IPC. However, both the substantive sentences were ordered to run concurrently.

(2.) Briefly stated, the facts are that on 27.4.1996, PW10 Smita prosecutrix aged about 10 years was present in her house alongwith her younger brother Sanjiv aged 7 about years. Her parents and two elder brothers had gone out of the house for harvesting crop of wheat in the field of Darshan Singh in village Behlol Pur at about 6/7.00 A.M. On that day at about 12 or 12.30 P.M., the appellant who had been residing with Baba Beer Giri in Shiv temple of village Kachhwa tress-passed into her house and gave some money to Sanjiv, brother of the prosecutrix in order to send him out for bring Kulfi... In the meantime, the appellant asked the prosecutrix to bring water and he also followed her and closed the door of the room. He stripped her naked and raped her in the room. She raised an alarm. The appellant was apprehended by Diwan Chand son of Bhhinku Ram and Gehna Ram son of Sonu Ram.

(3.) It was next averred that when parents of the prosecutrix returned to the house then she was weeping. In the meantime, Man Singh Sarpanch and Sain Dass also reached there. The appellant was handed over to them. Man Singh Sarpanch gave slaps (SIC) to the appellant and asked him to run away. Thereafter, Sunita prosecutrix narrated the details of the occurrence to her mother PW9 Jit Kaur. Blood stains were also lying at the spot.