JITA ALIAS SURJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JITA alias Surjit Singh, aged about 17 years (as per medical evidence) stands convicted and sentenced to two years R.I. under section 387 read with section 511, Indian Penal Code and to six months rigorous imprisonment under section 325, Indian Penal Code, by the learned Sessions Judge Ambala by his order dated 24th March, 1991. Both the sentences have been ordered to run concurrently.

(2.) THE prosecution case is that Maya Devi PW4 a married lady, aged about 23-24 years, who was in an advanced surge of pregnancy had come to stay with her parents at village Kurbanpur on 12th December, 1990 at about 10 or 11 a.m. when she went to the field of Atma Rant to answer the call of nature, the appellant suddenly appeared there. He took him to his grip, failed her on the ground and placed himself upon her with a view to commit rape on her. The prosecutrix Maya Devi entreated him not to behave with her in that manner as she was at a very advanced stage of pregnancy and would lose her life if raped. But the appellant did not desist and in that process he pressed her mouth with both his hands which resulted in the dislocation of her jaws. He tried to gag her mouth with her shawl so that she did not raise an alarm. During the process of her resistance she received abdominal injuries also. On hearing her cries, Inderjit and Inder PWS came to the spot and sighting them, the accused made good his escape.

(3.) THE appellant on medical extermination conducted by Dr. R. S. Chaudhri P. 9 3 on 15th December, 1993 was found to be of IS years and fit to perform sexual intercourse. The prosecution in order to bring home the guilt to the accused relied on the discussed medical evidence besides the testimony of the prosecutrix Maya Devi PW4 and PW5 Inderjit who deposed about the prosecution case in the manner stated earlier. PW8 Sohan Singh AIS is the main investigating officer in the case. PW6 Hari Chand Patwari who prepared the site plan Ex. PH in respect of the spot and PW9 Hari Ram, SHO, who recorded the formal first information report are formal witnesses. PW7 Rajinder Kumar is the Headmaster of the Government Primary School, Kurbanpur, who proved the date of birth of Surjit Singh appellant being 15 March, 1963 from the school record.