KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -Krishan Kumar has directed the present appeal against the judgment and order dated 20.02.2009 passed by Shri V.P.Gupta, learned Additional Sessions Judge, Rewari vide which accused/appellant has been convicted under Section 376 of the Indian Penal Code ( in short - the IPC ) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.2,000/ - and in default of payment of fine to further undergo RI for three months.

(2.) PROSECUTION story in brief is that on 21.01.2008 at about 3.30p.m., prosecutrix aged about seven years had gone to the field along with her elder sister aged about nine years to collect fodder. In the meantime, accused Krishan Kumar came there and allured the prosecutrix and took her to his tube well kotha and put off her pant and started licking her vagina and turn around his fingers therein. On hearing the cries of the prosecutrix, her sister rushed to the kotha where she noticed that accused was lying upon the prosecutrix and on seeing her he fled away therefrom alongwith his garments. Thereafter, both prosecutrix and her sister came to their house and narrated the entire incident to their mother, who in turn verified the facts at her own level by removing the pants of the prosecutrix. The incident was reported to the police by Smt.Kamla Bai and Sarpanch Brijesh Kumar when they met the police party being headed by ASI Jagmal Singh at Bus Stand, Khol. On the basis of statement of Smt. Kamla, FIR was registered. The investigation was conducted. Prosecutrix was medicolegally examined. Her clothes and vaginal swabs were taken into possession, which were sent for analysis and as per report of the Chemical Examiner semen was found on her salwar and Vaginal swab. Accused was arrested. Challan under Section 173 of Cr.P.C was presented before the Court of Illaqa Magistrate.

(3.) THE copies of documents as relied upon by the prosecution were supplied to the accused free of costs as required under Section 207 Cr.P.C. As the case was exclusively triable by the Court of Session therefore, the same was committed to the Court of Session.