MANAK CHAND @ MANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been directed against judgment dated 3.9.2001 passed by the Additional Sessions Judge, Sirsa whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 376 of the Indian Penal Code (for short "IPC"), extracted hereinbelow: -

(2.) THE facts, in brief, are that Kamlesh daughter of Gian Chand complainant is married with Pappu son of Kishan Lal in village Senwat Khera for the last about seven years. She already had two children but on 1.9.2000 she gave birth to a daughter. His son -in -law Pappu came to his (complainant's) house on 2.9.2000 and expressed desire to take his daughter (name not disclosed) with him as she was required for doing household work. The complainant sent his daughter aged about 15 years with his sonin - law on the same date. On 7.10.2000, the prosecutrix and Kamlesh returned to the house of the complainant at Dabwali. The prosecutrix told her mother Sito Bai that on 12.9.2000, she was alone in the house of Kamlesh when Kamlesh's devar (husband's brother) Manak Chand came inside the room, bolted it from inside and by showing a knife committed sexual intercourse with her forcibly and thereafter he committed sexual intercourse with her many A times after giving threat to her life. Sito Bai told the incident of rape to the complainant and he talked to the family members of Manak Chand accused. The family members of Manak Chand initially agreed for marriage of the prosecutrix with Manak Chand but finally refused on 23.10.2000 when the complainant reported the matter to the police and led to registration of the FIR.

(3.) DURING investigation conducted by ASI Moola Ram, he inspected the spot in the presence of the prosecutrix and her father Gian Chand, prepared rough site plan of the place of occurrence. Statement of the prosecutrix was recorded and her medico legal examination could not be conducted on that day due to her menses and she was got medico legally examined on 28.10.2000. The accused was arrested on 2.11.2000 and was medically examined in the Civil Hospital, Dabwali. The school certificate of the prosecutrix Ex. PG was collected. After completion of investigation, challan was presented in the Court for trial.