MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by the accused-appellant against the judgment and order dated 20.4.1991, passed by the Additional Sessions Judge, convicting the accused-appellant for the offence under Section 376 IPC and sentencing him to undergo RI for five years and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo further RI for 3 months.

(2.) AS per the case of the prosecution, on 27.3.1989, Smt. Sarbati Devi, PW had gone to the sugarcane field for Niranjan Singh to collector golas (sugarcane foliage) left her buffaloes and that at about 12 noon when she had left for her house after taking golas and was going on the dol of the sugarcane field, in the meanwhile accused Mohinder Singh, came from behind and caught hold of her and the golas fell from her head and thereupon, the accused forcibly took her to the sugarcane field and felled her on the ground and thereafter he forcibly opened the string of her salwar and thereafter committed rape upon her. It was alleged that she raised raula "bachao bachao", whereupon accused Mohinder Singh, put his hand on her mouth. It was alleged that after committing the rape upon her, the accused ran away from there. It was further alleged that while accused Mohinder Singh was running away from the sugarcane field, he was seen by Gurdev Singh and Balbir Singh @ Bira, PWs, who had reached there on hearing her raula, and they tried to catch hold of him but failed. It was further alleged that she had gone to narrate the incident to her husband and thereafter she had come to the police station to lodge the report and that action be taken against the accused. It was further alleged that during struggle, the koka from her nose had also fallen on the ground. After recording the aforesaid statement, Ex. PF at Police Post Barara at 6 P.M., ASI Kewal Krishan sent the same to the police station on the basis of which formal FIR under Section 376 IPC was recorded in PS Mullana at 6.30 P.M. The case was investigated by the police, the prosecutrix was got medico- legally examined, the accused was arrested in this case and after completion of the investigation, challan was submitted in the Court.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.