PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 16.7.1991 passed by the Additional Sessions Judge, Hissar whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 500/- under Section 376 read with Section 511 IPC. The appellant was further sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 200/- under Section 292 IPC. The appellant was further sentenced to undergo rigorous imprisonment for a period of 1-1/2 years and to pay fine of Rs. 300/-. In default of payment of fine, the appellant has to undergo rigorous imprisonment for one year.

(2.) THE prosecution story, in brief, is that the appellant alongwith his mother and brother was living in a rented house. On 16.8.1990 PW-1 Suman was playing in front of her house at Krishan Nagar, Hissar. The appellant was having an obscene book Ex. P-1 with him. He called Suman PW-1 and handed over the said book to her saying that she should read the book. Thereafter the appellant took Suman to the first floor of the house in the kitchen. The kitchen was deserted one. Thereafter the appellant asked Suman that he would give her Rs. 2/- and asked her to come inside the kitchen. On allurement given by the appellant, the prosecutrix Suman went inside the kitchen. The appellant closed the doors and showed obscene photographs to Suman and asked her to have the obscene acts with him and also promised to pay Rs. 2/- to her. Thereafter, the appellant made Suman to lie on the floor and put off her under wear. The appellant also put off his pant and underwear and tried to commit rape upon the prosecutrix - Suman. Suman started weeping. On hearing her cries, the mother of the prosecutrix Smt. Savitri and Ram Kumar reached at the spot. On seeing them, the appellant ran away from the spot and left the book Exh. P-1. Suman was taken to the hospital. The doctor was not available at that time. She was examined on the next day. On the complaint lodged by Savitri Ex.PA, the case against the appellant was registered. After completion of the investigation, challan was presented before the illaqa magistrate as the case was exclusively triable by the Court of Session. The case was committed to the court of Session. On commitment, the case was entrusted to Additional Sessions Judge, Hissar for trial.

(3.) TO prove its case the prosecution has examined Suman @ Baby as PW-1, Smt. Savitri as PW-2, Constable Satyavan as PW-3, ASI Ishwar Singh as PW-4, Dr. Mrs. Suman Menon as PW-5, HC Udai Ram as PW-6, Shamsher Singh as PW-7, Dr. Aditya Kumar as PW-8, Inspector Ganeshi Lal as PW-9 and closed its evidence.