HARPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARPAL Singh appellant aged 28 years has challenged his conviction and sentence recorded by the Additional Sessions Judge, Ambala. The learned Additional Sessions Judge has vide his order dated 24th October, 1983 sentenced the appellant to five years rigorous imprisonment and a fine of Rs. 1000, in default further six months rigorous imprisonment, under section 376 of the Indian Penal Code and to six months rigorous imprisonment under section 342 of the Indian Penal Code. Both the substantive sentences of imprisonment were ordered to run concurrently. Two co-accused of the appellant were given the benefit of doubt and acquitted of the charges against them.

(2.) UDEY Bir Singh PW husband of Asha Devi prosecutrix was an employee of Kumar Steel Factory, Jagadhri. Along with the prosecutrix he was living in a room rented out by him from one Piarey Lal in Dwarkapuri Colony, Jagadhri. The appellant was also occupying another room in the same house as a tenant. Both the co-accused of the appellant were also living as tenants in the same house in another room. On 7th June. 1982, Udey Bir Singh PW came back to his house at 6 p m and informed the prosecutrix that he had to go back and he would be coming late at night as he had some additional work in the factory. He further told the prosecutrix that she should take her meal and go to bed without waiting for him. At about 9 or 10 p.m. on that night the appellant came to the hand pump fixed in the compound of the house and started taking water from the same. He enquired from the prosecutrix as to whether she "as asleep. The appellant is alleged to have pulled the prosecutrix from her hands after showing a knife. The prosecutrix lifted an iron rod lying nearby aid gave a blow with it to Harpal Singh appellant. However, Harpal Singh appellant dragged her to his room from the back side, made her lie on, the ground on a quilt. closed the door and committed rape upon her. The prosecutrix continued resisting a lot and gave kicks, and also slaps and fist blows to the appellant. She also so(tatchc..sick word), the face of the appellant with her nails. On an alarm raised by the prosecutrix her husband Udey Bir Singh, and Sat Pit came there. They pushed open the door And rescued the prosecutrix. The co-accused of the appellant came inside and caused to injuries to Sat Pal' Singh, he was also given injuries by Harpal Singh appellant. Udey Bir Singh was also caused some injuries by the co-accused of the appellant. Udey Bir Singh and Sat Pal Singh PWs then gave some injuries to Harpal Singh appellant. The prosecutrix was taken by Sat Pal Singh and Udey Bir Singh to the factory of Seth Nand Lal where Udey Bir Singh use to work and narrated the whole occurrence to him. Seth Nand Lal took Sat Pal Singh and Udey Bir Singh to the hospital where they were medically examined by Dr. R. K. Jain, PW 4 on 8th June, 1982. At 2.25 a.rn. and 2.10 a.m. respectively. Udey Bir Singh had the following injuries on his person :

(3.) THE lady doctor deposed that after going through the report. Exhibit PD, of the Director. Forensic Science Laboratory, Madhuban, she was of the view that the prosecutrix was subjected to sexual intercourse prior to her medico-legal examination. The statement of the appellant who was admitted in the hospital was also recorded by police. The appellant was arrested on 21st October, 1982. After due investigation the appellant and his co-accused were sent up for trial;