RANBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Ranbir alias Billa, caste Harijan, who was 20 years of age at the time of occurrence, has since been held guilty for offence under Section 376 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years as also to pay fine of Rs. 200/- and in default thereof, to further undergo rigorous imprisonment for a period of six months, vide order dated 1 -9-1992 passed by learned Additional Sessions Judge, Jagadhri. In the present appeal, that has been filed by him challenging the order of conviction and sentence, as mentioned above, what has been debated before this Court is that even if, he might have indulged in sexual intercourse with prosecutrix, namely, Rakesh Devi, also a Harijan by caste, the same was with her consent and the prosecutrix being more than 18 years of age, the appellant could not be held guilty for offence under Section 376 of Indian Penal Code.

(2.) In the context of the only argument, i.e., sexual intercourse with consent of the prosecutrix, that has been raised by learned counsel representing the appellant in support of this appeal, all that needs to be noticed, on the facts, is that the incident occurred on 4-9-1990 at about 10.00 a.m. in the sugarcane fields of one Om Prakash, Carpenter and an FIR of the incident came to be recorded on the next date, i.e., 5-9-1990 at 11.45 a.m. on the statement made by the prosecutrix, which when translated into English could read thus : "Stated that we are 5 brothers and sisters and I am the eldest. My father is doing labour work. I am studying in 8th Class in Government High School, Syalba. Yesterday on 4-9-1990, the school was closed at 9.00 a.m. I went to my house from the school and went to ease myself in the sugarcane fields of Om Prakash, Carpenter. When I had eased myself and was trying to string my Salwar and was about to come out, Ranbir alias Billa son of Ram Singh, caste Harijan, a boy of our village, came in the sugarcane fields to me. He had already taken off his Lungi and put the same on his shoulder. Moment Ranbir came, he caught my arm and dragged me in the sugarcane field. He embraced me and by doing so, made me to lie down on the ground. By forcefully holding me, he opened the string of my Salwar and tried to put off the same. I pulled my Salwar up with force and made noise. In this manner, Ranbir tried to put off my Salwar once or twice with a view to commit rape with me but I hit my legs to Ranbir and, thus, did not permit him to put off my Salwar. On hearing my noise, Baldev Singh son of Jalpal, Harijan, Leela wife of Prakash, Harijan and Sona Devi wife of Jaipal, Harijan, of my village, came at the spot in the fields. On Seeing them, Ranbir left me and ran away. If Baldev and the said two ladies had not reached the sugarcane field, Ranbir would have forcibly committed rape with me. Ranbir tried his best to commit rape with me. While coming home, I felt ashamed and, thus, took medicine, which was mixed in paddy. People of my house took me to hospital at Mustafabad for treatment. Today I had regained my consciousness. Ranbir has tried to forcibly commit rape with me. Legal proceedings should be initiated against him."

(3.) On the basis of the FIR, as referred to above, lodged by the prosecutrix, a case under Sections 376/511 of Indian Penal Code was registered on the same very day. It appears from the records of the case and, in particular, statement made by the prosecutrix, who appeared as PW-6, as also Investigating Officer Surjit Singh, who was examined as PW-8, that after some time on the same very day, a supplementary statement of Rakesh Devi was also recorded where, she stated that the appellant had committed rape with her. It is on the basis of this statement, it further appears, that a case under Section 376 of Indian Penal Code was registered against the appellant.