RAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant (through jail) against the judgment dated June 4/7, 1977 passed by Additional Sessions judge, Rohtak, whereby he was convicted and sentenced to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code and to pay a fine of Rs. 5,000/-. In default thereof, he was further directed to undergo rigorous imprisonment for one year.

(2.) PROSECUTION story, in brief, is that prosecutrix, on August 1, 1996 at about 2.00 P.M., was going to her fields. Appellant Rambir assaulted her. He threw her on the ground and forcibly committed rape on her. Prosecutrix tried to resist by giving slaps and fist blows to the appellant, but she was not successful. Her husband Ishwar Singh (PW-8), who was just half an acre away, came to her rescue. Appellant, on seeing Ishwar Singh, ran away. FIR, Exhibit PO, was registered on the statement of the prosecutrix on August 2, 1996 at 8.20 AM. Special Report reached the Ilaqa Magistrate on the same day, i.e., August 2, 1996 at 10.50 A.M.

(3.) LEARNED counsel for the appellant has assailed the prosecution case on different counts. He has stated that the affidavits submitted, Exhibit PE to Exhibit PK are faulty. These affidavits were submitted before the trial Court on March 15, 1997, as per the statement of the Public Prosecutor. The witnesses were present in the Court on that day, when the affidavits were tendered. Prosecution was duty bound to produce the witnesses in the Court for being cross-examined by the defence counsel. Learned counsel has further stated that there are glaring discrepancies between the statements of the prosecutrix and her husband Ishwar Singh. Ranbir Singh, Assistant Sub- Inspector, the Investigating Officer, as per his investigation has stated that Ishwar Singh was not an eye-witness to the occurrence. If Ishwar Singh was present at that time, just half an acre away, he could have easily caught hold of the appellant, but no such version is coming forward from the side of Ishwar Singh that he made an attempt to catch hold of the appellant.