MONU KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced trial under Sections 376/307 of the Indian Penal Code (for short 'IPC') in FIR No. 77, dated 3.8.2007 registered at Police Station Khijrabad. The trial Court vide judgment/order dated 09.09.2008 ordered the conviction and sentence of the appellant under Sections 376/307 IPC. Hence, the present appeal by the appellant-Monu Kumar.

(2.) Prosecution story, in brief, is that the prosecutrix aged about 6/7 years had gone to help her brother to bring the cattle back to their house from the forest. However, the prosecutrix did not reach the spot. Ankit-brother of the prosecutrix started searching for his sister and saw Pyjami and Chappals of the prosecutrix lying on the ground. Ankit called for the prosecutrix. On hearing the alarm raised by Ankit, Molu Ram and Jagdish, who were working in the nearby fields, met him and inquired from him as to what had happened.

(3.) Then, they all started searching for the prosecutrix. All the said persons heard shrieks at some distance. Immediately, they reached the spot and saw that a young boy was committing rape of the prosecutrix and was throttling her. On seeing Ankit and others coming towards him, the young boy ran away. The prosecutrix was brought to her house in an unconscious state and was admitted to the hospital for treatment.