AMAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been instituted by Aman Kumar against judgment and order dated 20.3.1999 passed by the Additional Sessions Judge, Yamunanagar at Jagadhari, whereby he was found guilty and convicted under Section 376, IPC and sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 500/-; in default of payment of fine, he was further sentenced R.I. for 6 months.

(2.) BRIEFLY stated, the facts are that on 15.9.1997 at about 2.00 p.m. PW6 Ruksana Khatoon had gone to her fields for answering the call of nature. When she reached near the field of Charri (green fodder crop), the appellant came from the side of railway line. He caught hold of Ruskana prosecutrix by her arm and dragged her to the field of Charri where she was made to fall on the ground. He opened the string of her Salwar and pressed her mouth with one hand and with his other hand, he removed his pant and underwear and also Salwar of the prosecutrix and raped her. She raised an alarm which attracted Wakil son of Mohd. Hanif and her uncle Khalid. They removed the appellant from over the prosecutrix and both were made to wear their clothes. Ruskana prosecutrix was sent along with her uncle Khalid and aunt Balkish to lodge a report in the police station. ASI Tej Singh met them near Hassanpur chowk where she made statement ex. PE on the basis of which formal FIR was recorded. The appellant was also handed over to the ASI Tej Singh.

(3.) PW 1 Dr. Ramesh Kumar medico legally examined Aman Kumar appellant on 15.9.1997 at 8.15 p.m. and found him fit to perform sexual intercourse. He also found some injuries on the person of the appellant. He stated that several reddish and black spots showing discolouration of skin of variable sizes were present on his back both sides, arms, both upper limbs, on chest and right thigh etc.