DEEP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) DEEP Chand appellant, aged about 20 years, has by way of this appeal challenged the order of the Additional Sessions Judge, Sonepat, dated November 23, 1983 by which he has convicted the appellant under Section 376, Indian Penal Code and sentenced him to five years, rigorous imprisonment.

(2.) THE prosecutrix, Phool Kumari (P.W. 9) aged about 25 years is married to Kishan Chand, a school teacher posted at Deepalpur. On September 2, 1982 at about 12 noon, Smt. Phool Kumari was alone in her house as her husband and two elder children had gone to school and the younger child was with her mother-in-law, who was living in a separate house. The appellant came to the house of the prosecutrix for spraying DDT. He caught hold of the prosecutrix, put her on the cot and committed rape on her. The alarm raised by the prosecutrix attracted Smt. Santosh Devi (P.W. 8)-Sister-in-law of the prosecutrix and Jai Narain (P.W. 7). They caught hold of the appellant, gave him some beating, Kishan Chand, husband of the prosecutrix came back to the house at 4 P.M. He was told about the occurrence. The prosecutrix made statement before the police which is exhibit PJ, on the basis of which formal first information report PJ/1 was recorded at Police Station Rai on September 2, 1982 at about 6.10 P.M. Sub-Inspector Tilak Raj visited the spot on September 2, 1982 and prepared site plan exhibit PQ. He also took into possession petticoat exhibit P/1 of the prosecutrix. The appellant was arrested and his underwear exhibit P/2 was taken into possession. Both the prosecutrix and the appellant were sent up for medical examination to Civil Hospital, Sonepat where Dr. (Mrs.) Asha Chawla (P.W. 1) medically examined Phool Kumari and the following is her report :-

(3.) ALTHOUGH , in his examination under Section 313, Criminal Procedure Code, 1973, the appellant denied the prosecution allegations and came up with the following version :-