JANAK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants faced trial for the offences punishable under Sections 376, 376/511 and 506 Indian Penal Code (for short 'IPC') and were convicted and sentenced as under: - Appellant Joginder Singh Convicted for the offence punishable under Section Sentence Rigorous Imprisonment Fine 376 IPC Eight years Rs. 2000 in default of payment of fine to further undergo rigorous imprisonment for two months. 506 IPC One year - - Appellant Janak Singh Convicted for the offence punishable under Section Sentence Rigorous Imprisonment Fine 376 read with Section 511 IPC Four years Rs. 1000 in default of payment of fine to further undergo rigorous imprisonment for one month. 506 IPC One year - -

(2.) THE prosecution case as it emerges from the FIR recorded on the statement of prosecutrix is that on 27.10.1998 prosecutrix and her mother went to sleep in their house after taking dinner. At about 11.00 PM, the prosecutrix got up to urinate and reached near the boundary wall of the house. Outside the boundary wall towards the fields, two young boys Joginder Singh and Janak Singh appellants were standing. They caught the prosecutrix and one of them put his hand and cloth on her mouth to prevent her from raising alarm, picked her and threatened that in case she raised raula (alarm)she and her family will be finished. They took her to an empty space near the corn field and threw her on the ground. Joginder Singh broke open the string of her salwar and underwear and committed rape upon her. Thereafter Janak Singh tried to caught her to commit rape but she raised raula which attracted her mother and both of them ran away from the spot.

(3.) THE prosecutrix narrated the entire incident to her mother but the matter was not reported to the police till 31.10.1998 to save the honour of the family. On the statement of prosecutrix (Ex.PB), police registered the FIR (Ex.PB/2) and got the prosecutrix medico -legally examined from the Medical Officer at Civil Hospital, Karnal. Dr. Amarjit Wadhwa (PW8) after her medical examination gave the medical report as follows: -