RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in this appeal, preferred by appellant-convict Ramesh Kumar son of Hoshiar Singh (for brevity "the appellant"), is to the impugned judgment of conviction 10.9.1998 and order of sentence dated 11.9.1998, by virtue of which, he was convicted and sentenced to undergo rigorous imprisonment (for short "RI") for a period of seven years, on accusation of having committed an offence punishable under section 376 IPC by the trial Court of Additional Sessions Judge.

(2.) The contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that the appellant was working as driver on the truck of, whereas the prosecutrix (PW6) (name withheld) was working as labourer along with her family members on the same, brick kiln of Ram Phool. Having solemnized her marriage with Ashok Kumar 7/8 years prior to the present occurrence, she gave birth to one son and one daughter.

(3.) The case of the prosecution further proceeds that on 7.6.1997 at about 8.30 P.M., as soon as, the prosecutrix had gone to answer the call of nature in the fields, situated towards the western side of brick-kiln near Pipal tree, in the meantime, the appellant reached there. He made her to lie on the ground, took off his & her clothes and forcibly raped her. On hearing alarm, Vijay Pal, her brother-in-law (Jeth) (PW7) also reached there. On seeing him, the appellant picked up his clothes and ran away towards the field. She narrated the entire story to her husband as well. On 9.6.1997, the prosecutrix made her statement (Ex.PH) before SI/SHO Suresh Kumar (PW9) and thumb marked the same in token of its correctness. He made endorsement (Ex.PH/2) and sent it to the police station for registration of the case. Thereafter, she was taken to Civil Hospital, Sonepat for her medical examination. The police moved an application/request (Ex.PA), on the basis of which, she was medico legally examined by Dr.Poornima Ahuja (PW1), vide MLR (Ex.PK).