DARBARA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28.03.2003/29.03.2003 passed by the Additional Sessions Judge, Kurukshetra who held the appellant guilty under Section 376/323 IPC in FIR No. 84 dated 10.03.1998.

(2.) THE appellant was sentenced to undergo rigorous imprisonment for 7 years alongwith fine of Rs. 2000/ - and in default of payment of fine to further undergo six months under Section 376 IPC. The appellant was also sentenced to undergo rigorous imprisonment for six months alongwith fine of Rs. 500/ - under Section 323 IPC. In default of payment of fine he was to further undergo rigorous imprisonment for one month. Both the sentences were directed to run concurrently.

(3.) ON the basis of this statement, the police registered a case under Section 323/354 IPC. The victim was medically examined at Ismailabad. She made a supplementary statement later in the day stating that out of shame she could not disclose the true incident and infact Darbara Singh had dragged her inside the standing crops and had broken the string of her salwar and thereafter tried to rape her when she was rescued by Jeeto. On the basis of supplementary statement, Section 376/511 IPC was added. The accused was arrested and his medical was got done. On 18.03.1998, the prosecutrix was produced before the Magistrate who recorded the statement of the victim under Section 164 Cr.P.C. where she stated that she had been raped by the accused when she was taken inside the fields. The prosecutrix was got medically examined and the swabs were taken which were sent to the FSL On completion of investigation, challan was presented under Section 376, 323 IPC.