LALIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Lalit Kumar has challenged the judgement of conviction and sentence passed by the trial Court under Sections 342 and 376 IPC.

(2.) IT is the case of the pro4ution that the prosecutrix who was aged 14 years was taken by the accused inside his house and committed rape upon her. As there was no amicable settlement in the panchayat, an FIR was lodged by the prosecutrix.

(3.) PW 2 is the prosecutrix aged 14 years. She has categorically deposed that she was studying in 8th standard in Government School, Sudhail at the time when the occurrence took place. On 7.6.2009, when her parents alongwith her brother had been to the fields for doing labour work, she and her sister PW5 Rajat Rani alone were present at home. At about 12.00 noon, her sister Rajat Rani asked her to fetch water from panchayat hand -pump which had been installed in the street. The house of the accused was located near the place where the hand -pump was installed. When PW2 was fetching water from the hand -pump, accused Lalit Kumar came over there and forcibly took her inside a room of his house. Having bolted the door from inside, he broke the string of her salwar. In spite of hue and cry raised by PW2, the accused committed rape upon her. On coming home, the prosecutrix narrated the incident to her sister PW5 Rajat Rani. PW2 and PW5 disclosed the entire sequence of occurrence to their parents, who returned home by evening. The parents of PW2 and PW5 proceeded to PW1 Amarjit Singh, Sarpanch of the village, who convened a panchayat. But the matter was not sorted out in the panchayat. PW2 thereafter lodged a complaint Ex.P1 before the police on 22.6.2009.