HARPHOOL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Harphool Singh (hereinafter described as the appellant) directed against the judgment and order of sentence passed by learned Additional Sessions Judge, Sonepat dated 12.1.1993 and 14.1.1993 respectively. By virtue of the impugned judgment and order of sentence the learned trial Court held the appellant guilty of the offences punishable under Sections 376 and 323, Indian Penal Code. He was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1000/- for the offence punishable under Section 376 IPC. In default of payment of fine, he was to undergo further rigorous imprisonment for six months. The appellant was further sentenced to undergo rigorous imprisonment for six months for offence punishable under Section 323 IPC. Both the substantive sentences were directed to run concurrently.

(2.) PROSECUTRIX is Bhagan Devi. She is also known as Shakuntala. On 27.4.1992 her parents had gone to the fields to harvest mustard crop. She had taken VIIIth Class examination and schools were closed. The results have been declared. On 27.4.1992 at noon time her mother told her to fetch water from the nearby well of Chajju. The well of Chajju is about 20 killas from the fields of Bhagan Devi. She had gone for bringing water with a pitcher and a bucket. When she reached near the field of Kidara, just by the side of metalled road, appellant came from behind, lifted her and took her inside the water course. He wanted to rape her. Bhagan Devi resisted by saying that she was his sister in the family relations. It had no effect on the appellant. He gave fist blow on her face, tore her salwar and shirt and placed her in the water course, where she was raped. Bhagan Devi cried for help, but there was nobody in the neighbourhood. The appellant afterwards ran away.

(3.) THE appellant was arrested by Sub Inspector Jeet Ram on 15.8.1992. He was also examined by Dr.S.S. Malik and was found to be capable of indulging into sexual acts. Copies of school record of prosecutrix Bhagan were taken. On these broad facts, report under section 173 Code of Criminal Procedure was filed in Court.