SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the conviction of the appellant under Section 376, 452 of Indian Penal Code.

(2.) The facts of the case are that on 03.01.1998, at about 2.00.P.M, the prosecutrix was present in the rented accommodation taken by her in village Kherki Daula, owned by accused Sunil's uncle Subhash. Her three infant children were playing outside. The accused entered her room and raped her; having been convicted, he has come up in appeal.

(3.) Learned counsel has argued that the trial Court erred in believing the testimony of the prosecutrix and her husband. As per him, in the FIR the prosecutrix had stated that her husband had come just when the appellant was trying to come out of her room. However, in her testimony before the Court, she has stated that her husband had come after about one hour. The second argument made by learned Counsel to challenge her credibility was that while giving her testimony in the Court, she stated that after the incident she had gone to the parents of the appellant to complain against him, but they assaulted her, beat her up and abused her. Learned Counsel has argued that this fact was not mentioned by her in the FIR. Both these arguments were taken before the trial Court also. As regards the discrepancy in the time the trial Court held that it was not a case of loss of credibility and as regards the omission of mentioning the assault by the appellant in the FIR, the trial Court observed that there was a strong possibility that the prosecutrix was under trauma at the time and therefore she may have omitted to mention this detail.