SOMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 27.10.1993 passed by the Additional Sessions Judge, Bhiwani whereby the appellant Sombir was convicted and sentenced to undergo RI for seven years and to pay of Rs. 500/-, in default of payment of fine, he was to undergo RI for a period of six months for the offence under Section 376 IPC.

(2.) PROSECUTION case against the appellant is that on 21.6.1991, Sunita aged about 15 years had gone to Bani (small forest), adjoining her village Mandoli, for easing herself. When she was sitting under a tree, the accused Sombir appeared and gagged her mouth with Lugri (a cloth used by ladies for covering their head) and made her fall on the ground and committed sexual inter-course forcibly with her against her will and consent. She tried to get herself free from the grip of the accused and raised cries and even gave a bite on the hands of the accused. Then Vidya Devi, mother of Sunita prosecutrix and Jiwani, her Tai came on the scene and after seeing these ladies, accused ran away. Prosecutrix Sunita was brought to the house. A search of the accused was made but in vain. Then the matter was reported to the police. Case was registered. Prosecutrix was sent for medical examination and after investigation, accused-appellant was sent for trial. Case was found to be proved after trial. Accused-appellant was convicted and sentenced as aforesaid.

(3.) FROM the statement of PW Sunita prosecutrix, who appeared as PW-8, it was pointed out that as per her statement, she had no sexual inter-course earlier to the date of occurrence whereas on medical examination Dr. Sadhna PW-10 had found the vagina, admitted two fingers easily, hymen was absent.