RAJINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was convicted under Section 376, Indian Penal Code, and sentenced to three years' rigorous imprisonment and a fine of Rs. 400/- or in default of payment of fine, to undergo further rigorous imprisonment for three months by the learned Additional Sessions Judge, Faridabad. He has challenged his conviction and sentence by way of this appeal.

(2.) THE prosecution case as set up at the trial was that on 17th October, 1981, tournaments were held in Anangpur village. After the village tournaments were over, a variety programme was held in the village school on the night between 17th/18th October, 1981. Smt. Nathia (PW4) also went to see the variety programme. At about 11/11.30 p.m., while she was returning to her dhani (house) after seeing the variety programme and was near the field of Sohan, Rajinder appellant met her. The appellant caught hold of Smt. Nathia PW from her left wrist and dragged her to the field of Sohan. He committed rape on her inside the field of Sohan. Her alarm attracted Ram Chander and Sudesh PWs to the spot. Both the PWs ran after the appellant to apprehended him, but he escaped. Smt. Nathia PW went to her house and narrated the entire occurrence to her sons on the next morning as during the night they away in connection with their respective duties. A Panchayat was convened on the following day, but no decision was taken.

(3.) SMT . Nathia (PW 4) was medically examined by Dr. Asha Kalra (PW 1) at B.K. Hospital, Faridabad on 18th October, 1981 at 8.30 p.m. The doctor found no injury on her person on external and vaginal examination. She found an old tear of hymen and the size of the utres normal. She took three vaginal swabs and the ghaghra of Smt. Nathia prosecutrix into possession. She made them into separate sealed parcels and handed them over to the police. In her cross-examination, the lady doctor stated that she found no evidence to suggest that force had been used on Smt. Nathia PW.