MEER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 11.5.1990 passed by the Additional Sessions Judge, Narnaul whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 5 five years and to pay fine of Rs. 2,000.00 under Sec. 363 Penal Code and in default of payment of fine to undergo rigorous imprisonment for 3 months. The appellant, was further directed to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 2,000.00 under Sec. 366 Penal Code and in default of payment of fine to undergo rigorous imprisonment for 3 months. The appellant was directed to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 3,000.00 under Sec. 376 Penal Code and in default of payment of fine to undergo rigorous imprisonment for 4 months. All the sentences were ordered to run concurrently.

(2.) In succinct, the prosecution story is that the parents of Mst. Mewa prosecutrix went to village Narheri in connection with their job for collecting grains etc. The prosecutrix came to her house after grazing the goats in the forest. The appellant went to the house of the prosecutrix and said that her mother was calling her in the Khata for taking the bag of grain. She went to the khata but she did not find her mother there, when she was coming back, the appellant met her on the way and said that her mother was sitting on the naka. The appellant offered his help to take Mst. Mewa prosecutrix to her mother on his bicycle. She sat on the carrier of the bicycle of the appellant who took her towards the forest. After they had travelled 20-25 fields from their village, the appellant stopped his bicycle and caught hold of her and put her on the ground. He penetrated his private part into her private part and committed rape upon her. She raised alarm. The appellant gagged her mouth and also gave slaps, Jagroop uncle in relationship came there and then the appellant ran away towards the side of Baba ji. The prosecutrix narrated the entire story to Jagroop. she was sent to her house by Jagroop, her uncle, and he himself went to bring her parents. When her parents came alongwith Jagroop, she also narrated the whole occurrence to them. She was taken by them to police Station Nangal Choudhary, where she made statement Ex. PG before the investigator. She was also medically examined. After the completion of the investigation, challan was presented before the illaqa Magistrate. As the case was exclusively triable by the Court of Sessions, therefore, the illaqa Magistrate committed the case to the Court of Sessions. On commitment, the appellant was charge-sheeted under Sections 363, 366, 376 Penal Code to which he pleaded not guilty and claimed trial.

(3.) To prove its case, the prosecution has examined Kishori Lal Patwari's as PW-1, Shish Pal Constable as PW-2, Dr. Vinay Choudhary as PW-3, Dr. Vinay Bansal as PW-4, Dr. Nirmla Bishnoi as PW-5, Dr. R.A. Yadav as PW-6, Mst. Mewa as PW-7, Smt. Chanderkala as PW-8 and Bhoop Singh SI as PW-9.