SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal, by accused -appellant Sunder, is directed against the judgment of conviction dated 19.5.1992 and order of sentence dated 21.5.1992, passed by learned Additional Sessions Judge -Ill, Rohtak, whereby the appellant was ordered to undergo Rigorous Imprisonment (RI) for 7 years under Section 376 of the Indian Penal Code.

(2.) WITHOUT going into the details, suffice it to mention that on 2.9.1990 at about 7.30 p.m. the prosecutrix had gone towards the dung -pits of her village to answer the call of nature. When she was returning after easing herself, appellant -sunder, a co -villager of the prosecutrix, suddenly appeared on her way. He lifted and took her to the fields of Bajra crop. There he broke open the string of her salwar and then committed rape upon her. Prosecutrix also raised hue and cry, whereupon, Jita and Rama were attracted to the spot. Appellant, on seeing them, had run away. On return to her house, prosecutrix told her mother about the said episode and then on the next day, i.e. on 3.9.1990, in the company of her mother, Smt. Dhanpati and uncle, Nand Lal, went to the Police Station and lodged the FIR in the above narration of the facts. She was got medico -legally examined by the Police. Accused was arrested in this case on 9.9.1990. He too was medico -legally examined. After completion of the formal investigation of the case, appellant was challaned for commission of offence punishable under Section 376 of the Indian Penal Code.

(3.) I have heard learned counsel for the parties and have also gone through the file carefully.