BALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JUDGMENT of conviction dated 01.03.2002 and order of sentence dated 04.03.2002 passed by the Court of learned Sessions Judge, Jind (trial court, for short), in Sessions Case No.29 of 2000/Sessions Trial No.07 of 2001, convicting and sentencing appellant -Baljit Singh to rigorous imprisonment for a period of seven years, besides a fine of Rs.3,000/ - and in default of payment of fine to undergo further rigorous imprisonment for one year for commission of an offence under Section 376 of the Indian Penal Code, 1860 (IPC, for short), are under challenge in this appeal brought by the convict/appellant under sub -section (2) of Section 374 of the Criminal Procedure Code, 1973 (CrPC, for short). State is contesting the appeal.

(2.) FACT situation resulting into this appeal indicates that at or around 01:00 p.m. on 23.05.2000, prosecutrix 'A' and her friend, prosecutrix 'S', while going towards the marketplace, when reached in the vicinity of house of Amrit Jat, appellant -Baljit Singh and Sudhir (since deceased and his appeal abated), who were standing there in the street, by force took them inside Dhan Kumar's house. When the two girls tried to make a clamour, the appellant and Sudhir gagged their mouths. Appellant forcibly unstringed "salwaar" of prosecutrix 'A'; made her to lie on a "takhat" (a wooden bed) lying there; and subjected her to sexual intercourse against her inclination and consent. Sudhir also tried, but failed to demolish chastity of the other prosecutrix. Cries raised by the girls attracted Balmat, Satyavan, Harikesh, Kehar Singh and others to the spot, who forced open the door and rescued the two girls from the clutches of the appellant and Sudhir and caught the appellant, who even received some injuries while being overpowered. Sudhir, nevertheless, was able to make good his escape.

(3.) PROSECUTRIX 'A' laid open this episode before ASI Sajjan Singh, the Investigating Officer, who reduced it into writing (Exhibit PN) whereupon a formal First Information Report (FIR, for short) (Exhibit PN/2) was recorded. \The matter was investigated into; the two boys and girls were medico -legally examined; and on completion of investigation, a report in terms of sub -section (2) of Section 173, CrPC, was presented before the learned Jurisdictional Magistrate, who complied with the provisions of Section 207, CrPC, and on perusal of the report and documents appended therewith, found offences of Sections 376 and 511, IPC, to be, prima facie, made out against the accused and, offence of Section 376, IPC, being triable exclusively by the Court of Session, committed the case to the Court of Session at Jind in terms of Section 209, CrPC.