SANWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SANWANT Singh appellant has challenged his conviction and sentence of rigorous imprisonment for one year and a fine of Rs. 100, in default further rigorous imprisonment for one month, under Section 363 of the Indian Penal Code, rigorous imprisonment for 3 years and a fine of Rs. 200, in default further rigorous imprisonment for two months, under Section 366 of the Indian Penal Code and rigorous imprisonment for five years and a fine of Rs. 300, in default further rigorous imprisonment for three months, under Section 376 of Indian Penal Code recorded by the Additional Sessions Judge, Narnaul, vide his order dated 26th April, 1984. All the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) ON 5th November, 1983, early in the morning Kamlesh prosecutrix PW1 felt some pain in her abdomen. Her mother was milking the buffalo. She informed her mother and went to the field of her uncle Tulla Ram for easing herself. The appellant at the point of knife took Kamlesh from the field towards the canal in the area of village Nangli Godha. The appellant committed rape on Kamlesh prosecutrix there. The appellant then took the prosecutrix to village Bawal on foot. From Bawal the appellant took the prosecutrix in a bus to Gurgaon and then to Najafgrh. She was kept at Nafjafgarh for one day. While on their way to Jaipur the catch a bus Sheo Nath uncle of the prosecutrix and her brother-in-law Mahabir PWs along with the police met them. The prosecutrix was then recovered from the appellant. She was medically examined by Lady Dr. Bimla on 7th November, 1983, at 7.15 p.m. Following is the report of her medical examination :-

(3.) APART from Dr. Basant Kumar PW2 and Dr. Bimal P.W. 15, the prosecution examined Kamlesh prosecutrix as PW1 and her uncle Sheo Nath PW3 as a witness to the recovery of the prosecutrix and the arrest of the appellant on 7th November, 1983. PW4 Tulla Ram and PW5 Mahabir Singh were tendered for cross-examination. Assistant Sub Inspector Dharam Parkesh PW6 recorded formal first information report Exhibit PF/2. PW7 Ram Avtar draftsman prepared site-plan Exhibit PG. PW8 Kartar Singh Constable is a witness to the taking into possession of Kachcha from the person of the appellant. PW9 Satya Roop Patwari prepared site-plan Exhibit PN. PW10 Vijay Singh Social Studies Master Government High School, Nangli Godha, brought the admission and withdrawl register from 11.1.1976 to 14.5.1983. According to entry No. 2868 dated 2nd April, 1979, Kamlesh Yadav daughter of Chander Singh was admitted in the sixth class on 2nd April, 1979. She studied in the school up to 16th July, 1981. The date of birth of Kamlesh in the entry has been given as 17th January, 1968. PW11 Khan Chand, Assistant Teacher, Government High School, on the basis of the admission form of Kamlesh, also gave her date of birth as 17th January, 1968. PW12 Chander Singh is the father of the prosecutrix. He made report Exhibit PF on the basis of which first information reported Exhibit PF/2 was registered. PW13 Siri Bhagwan Assistant Sub-Inspector investigated the case, arrested the appellant and recovered the prosecutrix. PW14 Piare Lal Sub Inspector submitted a report under section 173 of the Code of Criminal Procedure.