KALA @ KALA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) KALA alias Kala Ram alias Kala Singh, son of Modan Singh alias Modan Ram stands convicted under Section 376 IPC read with Section 511 IPC vide judgment dated 17/18-5-1996 passed by the learned Additional Sessions Judge, Hisar and has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/-, in default of payment of which to suffer further RI for six months. Aggrieved by the judgment of his conviction and sentence, he has preferred this appeal.

(2.) I have chosen to describe the prosecutrix in this case as victim in the light of a very recent judgment rendered by Hon'ble Apex Court in State of Karnataka v. Puttaraja, 2004(1) RCR(Crl.) 113 (SC), in which their Lordships have observed that the name of the victim should not be indicated in the judgment.

(3.) ON 21.4.1993, he had gone to Fatehabad to purchase house-hold goods; his wife Ram Piari alongwith his eldest daughter Kalo had gone to the field of one Kehar Singh to harvest the wheat crop. Around 1-00 PM, Kala appellant came to his house to take scissors; at that time the victim, who is his youngest daughter, was all alone in the house; the appellant demanded scissors and the victim went inside the bring the same, the appellant followed her and came inside the room; the closed the room from inside and put the victim under threat; thereafter he took off her salwar; she started weeping; in the meantime her elder sister Pammi (PW-5) happened to come there; she knocked the door; in the meantime, the appellant ran away; the incident was narrated to wife of the complainant, who went to the Sarpanch, but the latter got the matter compromised; on the same day, the complainant came to his house but nothing was narrated to him.