MOHINDERPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mohinder Pal son of Madan Lal stands convicted vide judgment dated October 6, 1988, passed by the learned Additional Sessions Judge, Karnal for an offence punishable under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo RI for six months.

(2.) Santro (PW-3), the prosecutrix is the daughter of Rachna Ram (PW-13), who plies Buggi-Jhota.

(3.) Briefly, the case of the prosecution is that on 4-10-1987 at about 10-00 AM, Santro (PW-3) alongwith her aunt Sunita (PW-15) went to the field of Resham Singh, situate in village Budha Khera in order to cut the grass. When she was cutting the grass from the doll of the field or Resham Singh and Sunita was cutting grass at a distance of half killa from her, the present appellant, whose fields are adjacent to the fields of Resham Singh, came there and asked Santro to accompany him inside the field. She refused to do so. Thereafter the appellant asked her to open the string of her salwar , upon which she started raising alarm, but her mouth was gagged by the appellant by putting one hand on it. With the other hand, he pulled her and took her inside the field under a pilkhan tree. He allegedly opened the string of her salwar, threw it on the pilkhan tree, removed his pyjama and underwear and placed the same on the said tree. Santro was felled on the ground forcibly and when she was facing upwards, the appellant allegedly asked her to keep her legs upwards. Santro gave two leg blows on the chest of the appellant, but he forcibly pressed her legs underneath his knee and committed rape upon her against her wishes. When she got herself released from the clutches of the appellant, she raised an alarm, which attracted Sunita. Consequently, Sunita rushed to the house and came back with Angrez Singh (PW-12). On seeing them, the appellant ran away from the spot alongwith his pyjama and underwear. Santro allegedly picked up the brick-bats lying there and caused injuries to the appellant. She narrated the whole occurrence to Sunita and Angrez Singh. Angrez Singh picked up the salwar from the tree, handed over the same to Sunita, who helped Santro to wear it. On the same day, statement (Exhibit PC) of the prosecutrix was recorded by ASI Rameshwar Dutt (PW-14), on the basis of which formal FIR (Exhibit PC/3) was registered. Santro was got medico legally examined the same day at 10-30 PM by Dr. (Mrs.) Usha Kakkar (PW-16). Her vaginal swab and salwar were taken, public hair was also cut and taken into possession. All the other legal formalities were completed. The appellant was allegedly arrested on 7-10-1987. In pursuance of his disclosure statement (Exhibit PJ), he got recovered his kurta, pyjama and underwear, which were taken into possession. He was also medico legally examined on 7-10-1987 itself by Dr. Surinder Katyal (PW-2).