JOGINDER SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Joginder Singh, son of Pritam Singh, resident of village Mohra, tehsil and district, Ambala against the judgment, dated 19th October, 1972, of the Sessions Judge. Ambala, by which he convicted him under Section 376. Indian Penal Code, and sentenced him to three years rigorous imprisonment, He also convicted him under Section 452, Indian Penal Code and sentenced him to two years rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) THE facts of this case are that Smt. Daya prosecutrix is the wife of Amar Nath (P.W. 4), who is a resident of village Mohra. district Ambala. Smt. Daya is mentally deranged. Amar Nath is running a shop at village Mohra, which adjoins his house. The prosecution story is that on 5th April, 1972, at about 2.00 p.m. Amar Nath, P.W., went to Shahbad, to make purchases leaving his wife Smt. Daya at the house. He returned from Shahbad at about 6.00 p.m. and found the door of the compound of the house bolted from inside. The boundary wall of the compound of his house is only 4 feet high and while standing in the street he saw Joginder Singh committing sexual intercourse with his wife on a charpai in the verandah On seeing this he went to the flour mill of Yasin, P.W., which adjoins his house where he found Yasin, P.W. and his nephew, Ved Parkash (P.W. 2). He told the aforesaid facts to them and then all the three persons came to the house of Amar Nath and saw, the accused committing the sexual intercourse with Smt. Daya, over the boundary wall. They jumped over the wall in the compound of the house and on seeing them the accused went on the roof of the house through a wooden stair -case and then jumped on the other side of the house in a khola.

(3.) DR . B.D. Goyal, Medical Officer, Civil Hospital. Ambala City, examined Joginder Singh, accused on 10th April, 1972, at 12.20 p.m. at the request of the police and he found that his genital organ was fully developed and healthy and there was nothing to disable him from committing sexual intercourse with a girl or a woman.