KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant Kuldeep Singh was convicted under Section 376, 323 and 342 of the Indian Penal Code whereas Sishan was convicted only under Section 342 of the Indian Penal Code. Aggrieved by the judgment of conviction and sentence passed by the trial Court the above individual appeals have been preferred by the respective accused.

(2.) IT is the case of the prosecution that on 14.8.2005 at about 3.00 P.M. when the prosecutrix proceeded to answer the nature's call holding a bucket of water in her hand, accused Sishan called her inside his house to lift the wooden logs. Accused Sishan pushed her inside her room and bolted the room from outside. Accused Kuldeep Singh, who was present inside the room, having gagged the mouth of the prosecutrix, tore off her clothes and caused injury and thereafter, committed rape upon her. PW9 Satyawan, the uncle of the prosecutrix and PW10 Kamla arrived at the scene of occurrence having heard the noise of the prosecutrix. PW10 Kamla saw the accused inside the room and gave beating to him. The prosecutrix shared the occurrence of rape with her mother. PW11 Jaipal waited for two days for the Panchayat to take a decision in this matter. As no fruitful decision was arrived at by the Panchayat, PW11 lodged a complaint with the police on 16.8.2005.

(3.) PW 12 was subjected to medico legal examination by PW1 Dr. Kulpratibha on 16.8.2005. She found the following injuries on the person of PW12 : -