RAM BHAGAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by appellant Ram Bhagat against the judgment of conviction and order of sentence dated 16.1.2001/17.1.2001 passed by Sessions Judge, Jind, whereby accused -appellant has been held guilty and convicted for the offences under Sections 452 and 376 of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 452 IPC. He has also been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 4,000/ - and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 376 IPC. Both the sentences of imprisonment have been ordered to run concurrently. The brief facts of the prosecution case are that on 13.11.1998, the prosecutrix along with her husband came to the Police Station and lodged report. She stated that for the last about two years she along with her husband Raj Kapoor and their children was residing in Village Butani as her husband had taken on rent the house of Arjan, where flour -mill was installed. On the intervening night of 3/4.11.1998, when her husband Raj Kapoor had already gone to Village Karera, District Shiv Puri in U.P. to meet his brother Kuldeep, the prosecutrix was sleeping in the flour -mill. At about 10.30 p.m., accused Ram Bhagat came after scaling the wall and placed his hand on her mouth. She got -up and identified the accused. The prosecutrix removed his hand and when she raised alarm, the accused put piece of 'Parna' into her mouth, her hands were tied with 'Chunni' and committed rape. When she resisted, the accused remarked that in case she made noise, he would insert 'Danda' and then he inserted 'Danda' into her vagina and committed rape with her. After that, the accused ran away from the spot with his 'Parna'. On raising alarm, her neighbour Sumitra wife of Gurdev, Santro and Gurdev came there. As her husband was not present at the house, she went to her brothers -in -law at Panipat and due to shame, she did not tell anything to them. In the evening of 13.11.1998 husband of the complainant came. She narrated the entire incident to him. Then she came to the Police Station along with her husband and reported the matter to the Police. After that the prosecutrix was got medico -legally examined. The statements of witnesses were recorded and the accused was arrested. He also produced 'Danda' and 'Parna' which were taken into Police possession. The accused was also got medico -legally examined. After necessary investigation, challan was presented.

(2.) ON presentation of challan, the trial Court finding prima facie case against the accused framed charges for the offences under Sections 452 and 376 IPC, to which the accused pleaded not guilty and claimed trial.

(3.) AT the close of prosecution evidence, the accused was examined under Section 313 Cr.P.C. and was confronted with the evidence of the prosecution but he denied the correctness of the evidence and pleaded himself as innocent. No defence evidence was examined.