RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Convict-Raju has filed this appeal assailing his conviction and sentence ordered by learned Additional Sessions Judge, Karnal vide judgment and order dated 21.09.2002 thereby convicting the appellant under Section 376 IPC and sentencing him to undergo rigorous imprisonment for seven years and to pay fine of Rs. 500 and in default thereof, to further undergo simple imprisonment for three months.

(2.) Prosecution case is that the accused on the pretext of treating the prosecutrix aged about 18/19 years for evil spirit by way of black magic (jadoo tona), took her inside a room in her parental home and after doing some tantrums (jadoo tona), forcibly committed sexual intercourse with her by shutting her mouth with his hand due to which she could not raise alarm. The accused then left for his house instructing the prosecutrix not to disclose the occurrence to anybody.

(3.) Immediately after the accused left, the prosecutrix informed her husband Khem Chand. They woke up the parents of the prosecutrix and they were also informed about the occurrence. The occurrence took place at about 11:00 p.m. FIR was lodged next morning on 18.03.2001. Prosecutrix was got medico-legally examined. Her statement under Section 164 of the Code of Criminal Procedure (in short, 'Cr.P.C.') was also got recorded. Statements of other witnesses under Section 161 Cr.P.C. were recorded. Other necessary investigation formalities were conducted. The accused was arrested and got medico-legally examined. Clothes of the prosecutrix and the accused and vaginal swabs of the prosecutrix were sent to Forensic Science Laboratory (in short, 'FSL'). According to FSL report, semen was detected on petticoat and vaginal swab of the prosecutrix and also on pants of the accused, but not on other clothes of the prosecutrix. On completion of investigation, police presented report under Section 173 Cr.P.C. for prosecution of the accused under Section 376 IPC.