HARCHANDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been instituted by Harchanda against judgment dated 12.11.1990, passed by the learned Sessions Judge, Gurgaon, whereby he was found guilty and convicted under Section 376, IPC and vide order dated 14.11.1990, sentenced to undergo R.I. for 7 years and fine of Rs. 1000/-; in default of payment of fine, he was further sentence to undergo R.I. for six months.

(2.) BRIEFLY stated, the facts are that PW6 Rajwati aged about 10-1/2 years daughter of PW7 Prithi Singh returned to her house from her school situate at village Indri at 1.00 P.M. on 11.12.1989. Her mother Dulari asked her to go to the fields for plucking Bathuwa. She along with Kamla, her cousin daughter of Ram Chander went to the field of Hira Jat situate near the water works towards East of the village. The appellant who was irrigating the field nearby came there and caught hold of PW6 Rjawati and dragged her in his mustard field. He removed her underwear, lifted her legs and after removing his underwear tried to insert his penis into her vagina after applying saliva as lubricant to it. However, PW6 Rajwati and Kamla raised hue and cry to which Hukam Singh son of Khiali alias Chittar was attracted. On seeing him, the appellant left PW6 Rajwati and fled away. Hukam Singh escorted Rajwati and Kamla to the house of PW7 Pirthi Singh.

(3.) ASI Chhote Lal inspected the spot and prepared rough site plan with correct marginal notes. He also got prepared site plan Ex.PR from PW3 Harish Kumar Patwari. He also obtained a certificate from her school regarding age of Rajwati. After completion of the investigation, challan was put up in the Court of Judicial Magistrate Ist Class, Gurgaon, under Section 376/511, IPC, who in turn, vide his order dated 25.4.1990, committed the case to the Court of Sessions.