RAJBIR ALIAS FOUJI Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT has filed this appeal against judgment and order dated 13.11.1998, vide which he was held guilty, convicted for commission of offence under Section 376(2)(f) IPC, sentenced to undergo RI for a period of ten years and to pay a fine of Rs. 3,000/-. In default of payment of fine, he was to undergo further RI for a period of one year.

(2.) BRIEFLY , it was case of the prosecution that Poonam, the prosecutrix was a student of 3rd standard and on 12.12.1997, at about 3.00 p.m. when she had gone to bank of a pond, situated near school building to clean takhti, then appellant/accused came there, physically lifted her and took her towards back side of the school building. She was made to lie down on the ground on a sheet of cloth. Her clothes were taken off and the appellant/accused committed rape on her. She was threatened to face dire consequences if incident was disclosed to anybody. Due to fear, on arrival at her house, she did not narrate that incident to any member of his family. On next Monday, when she changed her school uniform, her mother noticed blood stains on her clothes, on being questioned, she narrated the entire story. Her father was not available. Her mother brought this matter to the notice of Ram Rup, grand father of the prosecutrix, at whose instance, FIR was recorded.

(3.) APPELLANT /accused was arrested for commission of offence under Section 376 IPC. On completion of investigation, final report was submitted in court for trial. Trial Court framed charge-sheet against appellant/accused to which he pleaded not guilty and claimed trial. Prosecution produced as many as 12 witnesses and also brought on record documentary evidence to prove his guilt. On completion of prosecution evidence, statement of appellant was recorded under Section 313 Cr.P.C., wherein he denied all the allegations appearing against him in prosecution evidence to toto. He further stated that he had falsely been implicated. It was case of mistaken identity. He was shown to the prosecutrix in the presence of relatives and parents, in school, for identification but she could not identify anybody as a culprit. However, he was arrested on the night of 28th December, 1997. He also led evidence in defence.