KARAM SINGH ALIAS KARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 22.04.1998 and order of sentence dated 27.04.1998, passed by the learned Addl. Sessions Judge, Kurukshetra, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month under Section 367 IPC and further convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month under Section 377 IPC. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 04.07.1994 at about 8.00 P.M., when there was no electricity, prosecutrix aged about three years daughter of Om Wati was playing in the street in Ladwa. She did not come in the house. Then at about 12.00 midnight, accused had brought prosecutrix to complainant Om Wati. Prosecutrix was weeping at that time and her both legs were in one part of nicker and there was some blood on the anus and the accused was suspected to have committed unnatural offence with the prosecutrix. When the husband of Om Wati returned, then she made statement Ex.PD on 05.07.1994 to the police, on the basis of which FIR was registered. Prosecutrix was medico legally examined.

(3.) Accused was arrested and he was also medico legally examined on 09.07.1994. Statement of witnesses were recorded. On interrogation, accused made disclosure statement and demarcated the place of occurrence. Site plan was prepared. After necessary investigation, challan was presented against the accused-appellant.