AVDESH ALIAS AJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant criminal appeal and emanating from the record, as claimed by the prosecution, is that the prosecutrix (PW5) (name withheld), aged 10/11 years, was a student in Vishavkarma School, Saini Colony, Panipat. On 20.3.1999 at about 11.30 PM, she had gone to attend Devi Jagran along with her mother Bijendri Devi (PW6) in the locality (Mohalla). Her father was sleeping in the house. She was going to call her father to attend the Jagran. As soon as, she reached near the Dera of Jaswant Kataria, in the meantime, appellant-convict Avdesh alias Ajay son of Laxmi Narain (for brevity "the appellant") suddenly appeared, gagged her mouth and took her to the cremation ground (place of occurrence). He committed forcible rape with her there. The prosecutrix shouted loudly with pain and blood started oozing out of her private part. Thereafter, appellant slipped away from the spot. Then, she went to the venue of Jagran and narrated the entire tale of her woe to her mother. Meanwhile, her father also reached the venue of Devi Jagran. They took her to the hospital, where she was admitted, medico legally examined and treated by the doctor. The police came to Civil Hospital, Panipat and recorded her statement (Ex.PD). Taking into consideration the serious condition, she was referred to PGI Rohtak, where she remained admitted for 6/7 days.

(2.) Narrating the sequence of events, in all, the prosecution claimed that on 20.3.1999, the appellant has committed forcible rape with the prosecutrix, who was a student at the relevant time of incident. In the background of these allegations and in the wake of her statement (Ex.PD), the present case was registered against the appellant, by means of FIR No.104 dated 21.3.1999, on accusation of having committed the offences punishable u/ss 376 and 341 IPC by the police of Police Station City, Panipat in the manner depicted here-in-above.

(3.) After completion of the investigation, the final police report (challan) was submitted by the police against him to face the trial for the indicated offences.