MAHESHWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted for the offence under section 376, Indian Penal Code, and sentenced to five yearsT rigorous imprisonment and a fine of Rs. 100/- or in default ofpayment of fine, to undergo further one months rigorous imprisonment by the learned AdditionalSessions Judge, Jind. Hence this appeal against, his aforesaid conviction andsentence.

(2.) The prosecution case as set up at the trial was that on 9th March, 1983, at about 4 p.m. P. W. Munni Devi (prosecutrix) accompanied by her younger sister Krishna aged about 7 years went to field of Kanhiya to bring fodder. The appellant was standing at the tubewell near the said field. He called Munni, Devi PW and asked her to go after ,helping him in tying the bundle of fodder and getting it lifted. Munni Devi PW went there and the appellant took her inside the kotha, threw her on the ground, broke open the string of salvar and raped her against her will. Munni Devi PW raised alarm, which attracted-P.W.5 Shamu. Shamu PW went to the kotha of the appellant and saw the appellant running-away. He also found Munni Devi PW and Krishna there in the kotha weeping. Munni Devi PW was holding the salvar in her hand. Shamu (PW 5) gave his chaddar to Munni Devi to cover herself and brought her to her house. The occurrence was narrated to P.W.4 Chandro, mother of Munni Devi PW. Sat Narain, father of Munni Devi PW was away to Delhi. The mother of the prosecutrix came to Jind and narrated the story to Ruli Ram, grandfather of Munni Devi PW and from there they went to the Police Station.

(3.) Statement of Munni Devi (P.W.3) prosecutrix, was recorded by A.S.I. Ghisa Ram (P.W.8), on thebasis of which First Information Report Ex. PC .was recorded at Police Station, Jind, on 10th March, 1983.