ISLAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT has filed this appeal against judgment dated 1.5.1989, vide which he was convicted for commission of an offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for seven years and was directed to pay a fine of Rs. 250/-. In case of default of payment of fine, he was to further undergo RI for three months.

(2.) IT was case of the prosecution that on 14.9.1988, prosecutrix Sabra Begum aged about 13 years, was present alone in her house. At about 2.00 p.m. appellant/accused, having trespassed in the house, had forcibly took the prosecutrix inside the room and after gagging her mouth made her to lie on a cot and committed rape upon her without her consent and against her wishes. It was further alleged that as a result of excessive violence committed by the appellant/accused, the prosecutrix started bleeding and also became unconscious. She also raised due and cry, which attracted one Mohd. Iderish (PW4) to that place. Appellant/accused then ran away from there after scaling over the wall. A neighbour named Akhtari was called to the house of the prosecutrix. Arrangement was also made to provide her necessary medical aid.

(3.) PROSECUTRIX was medico-legally examined by Dr. Partibha Arya on 21.9.1988. Doctor found no mark of external injury on her private parts and on her body. Her Salwar, vaginal swabs were sent for examination to the Director, Forensic Science Laboratory, Madhuban and report Ex.PB revealed that salwar was stained with numerous large and small human blood stains and swabs were stained with blood as well as human semen.