GULAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GULAB Singh appellant stands convicted and sentenced to rigorous imprisonment for five years under section 366 of the Indian Penal Code also to rigorous imprisonment for five years under Section 376 of the Indian Penal Code by the Additional Sessions Judge, Jind, vide his order dated 20th April, 1982. Both the sentences were ordered to run concurrently.

(2.) THE appellant was working as a medical petitioner in village Khapa. The prosecutrix, Vijay Laxmi, was also living in the same village with her father Mange Ram and was studying in the eighth class in the Government Girls High School at Uchana. It is alleged that on 6th November, 1981, the appellant enticed her away from the school and raped her outside in the sugarcane field to village Palwa and thereafter took her to village Alupura in punjab and then to Hissar and committed rape upon her at various places, Ultimately both she and the appellant were recovered by the police on 14th November, 1981, from near the petrol pump of village Uchana. She was got medically examined from Dr. Lalita Maheshwary P.W. 1 who found that she was used to sexual intercourse, her hymen had an old tear, the vagina admitted two fingers easily and that she was a young girl of healthy build. P.W. 2 Dr. Daya Parkash, Senior Medical Officer, Jind, radiologically examined her on 17th November, 19081, and found her age to be in between 14-1/2 years and 17-1/2 years with a margin of three years on either side. The appellant, after his arrest, was also got medically examined from P.W. 3 Dr. S.K. Mittal who found him fit to perform sexual intercourse. The appellant was prosecuted convicted and sentenced as mentioned above.

(3.) THE prosecution, besides the medical evidence discussed earlier, examined PW4 Vijay Laxmi, the prosecutrix, and her father Mange Ram PW 5 who lodged complaint Exhibit PD with the Police on the basis of which formal first information report Exhibit PD/1 was recorded. He also gave the age of prosecutrix as fifteen years at the time of her kidnaping. Mohinder Pal Patwari PW 6 prepared site-plan Exhibit PG. PW 7 Ved Parkash Assistant Sub-Inspector recorded the first information report, Exhibit PD/1. PW 8 Lachhman saw the appellant with the prosecutrix at Uchana on 6th November, 1981, and he informed the father of the prosecutrix about (sic) PW 9 Baljit Singh Sub-Inspector apprehended the appellant and the prosecutrix at Uchana on 14th November, 1981, and got them medically examined. he also recorded statements of the prosecution witnesses. PW 10 Saroj Devi Clerk produced school certificate of the prosecutrix PK, according to which her date of birth is 4th June, 1966.