AMRIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AMRIT Singh son of Chhaju Ram resident of village Bhakri, District Faridabad a milk vendor has been convicted under Section 376 of the Indian Penal Code on 8.1.1992 by Sh. B.P. Jindal, Additional Sessions Judge, Faridabad and sentenced to rigorous imprisonment for a period of seven years and required to pay a fine of Rs. 5000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of one year. He has also been convicted under Section 451 of the Indian Penal Code and sentenced to rigorous imprisonment for one year and required to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for three months. Aggrieved against it the present appeal has been preferred.

(2.) BRIEFLY , the story of the prosecution is that Amrit Singh, a milk vendor allegedly entered into the house of Parsandi, aged 30 years a blind woman at Faridabad and committees sexual intercourse with her against her wishes at 10 a.m. on 19.7.1990. The husband of Parsandi had gone to work in a factory at Faridabad as usual where he was employed. According to the story narrated by Parsandi, three ladies from the neighbourhood, namely, Rama Raj and Shakuntla had come and on their noticing, the accused made good his escape whereas her own mouth was gagged by the accused.

(3.) PW -6 Dr. Renu Jain, Medical Officer, B.K. Hospital Faridabad examined Parsandi wife of Ramesh at 10 p.m. on 19.7.1990. She has deposed that there was no sign of forcible sexual intercourse. She also deposed that human semen should be found if the vaginal swab of the patient is examined within 72 hours of the act. The learned Counsel for the appellant has referred to the report of the Forensic Science Laboratory, Haryana which is annexure PH and it shows that semen was not detected on the swab.