RAJESH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Appellant got her statement recorded in Police Station Ding to the effect that she is daughter of Anup Shasar and her marriage was solemnized with Raj Kumar son of Dalip Singh on 26.06.2001 at village Kanwarpura and she is having two children out of that marriage. Name of the elder boy is Sagar, who is aged six years and younger to him is daughter namely Sapna, aged about five years. Her husband is a labourer by occupation. On 17.08.2009, her husband had gone out of the house in connection with some work. She alongwith her children after taking meal went to sleep in the compound of her house, having no gate. About 12 mid night, respondent no.2 Sandeep son of Bhup Singh came to her and put his hand at her mouth and asked her that if she raised an alarm, then her husband would be beheaded by him.

(2.) Thereafter, respondent no.2 took her to the shed of their house located in the area of village Kanwarpura and committed rape on her. In the scuffle, her shirt was also torn. In the meantime, her husband also came at the spot, who tried to catch respondent no.2, but he managed to flee after abandoning his trousers, purse, belt, mobile phone and pair of footwear in the house.

(3.) Statementof appellant was recorded by the police in Police Station Ding, where, she had gone there alongwith her husband namely Raj Kumar. On the basis of her statement supra, formal FIR was registered in Police Station Ding. Then, she was sent to Primary Health Centre, Ding for her medical examination. Since the doctor was not available there, she was taken to Civil Hospital, Sirsa for that purpose. Doctor after conducting her medical examination, handed over the sealed parcel to the police, that was seized vide memo by the police. Statement of the appellant was got recorded in terms of Section 164 of the Code of Criminal Procedure ('Cr.P.C' - for short), wherein, she narrated the incident. Investigating Officer also visited the spot, seized broken pieces of bangles, trousers, purse, belt and footwear of respondent no.2, who also recorded the statements of prosecution witnesses in terms of Section 161 Cr.P.C. During the course of investigation, on 18.08.2009, Investigating Officer arrested respondent no.2 and got him medically examined in Primary Health Centre, Ding. The underwear of the respondent no.2 was handed over by the doctor to the police after conducting his medical examination. Sealed parcels were sent to Forensic Science Laboratory, Madhuban and after the receipt of the report, as also, after completion of investigation, Station House Officer of Police Station Ding, instituted police report in terms of Section 173 Cr.P.C before the learned Illaqa Magistrate to the effect that it appears that the respondent no.2 has committed offences punishable under Sections 376, 450 and 506 of the Indian Penal Code ('IPC' for short).