SHILLA ALIAS SHILENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by Shile alias Shilender (hereinafter described as the appellant) directed against the judgment and order of sentence passed by the learned Additional Sessions Judge, Sonepat dated 20-2-1992 and 22-2-1992 respectively. By virtue of the impugned judgment, the learned trial Court held the appellant guilty of the offence punishable under Section 376, Indian Penal Code. Vide subsequent order, the learned Additional Sessions Judge sentenced the appellant to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 2,000.00. In default of payment of fine, he was directed to undergo further rigorous imprisonment for one year.

(2.) The prosecutrix/victim Kumari Asha was aged about 41/2 years. The appellant is also aged about 17 years at the time when the alleged offence is alleged to have been committed. On 26-2-1990 Satbir and Jai Singh were going toward their field at about 5 p.m. When they were near the field of Jai Singh, they heard cries of a small child from the mustard field of Jai Singh. On going near the field, they saw the appellant commit rape on Kumari Asha. On seeing Satbir and Jai Singh, the appellant ran away holding his pant in his hand. Earlier they noticed that the pant had been lowered and garments worn by Kumari Asha (Pajami) were on her knees. Kumari Asha was crying helplessly and bleeding from her vagina. She was brought to her parents house and taken to General Hospital, Sonepat.

(3.) Dr. S. V. Sharma examined Kumari Asha and noticed that she was bleeding from the vagina. There was a lacerated tear in the perinium including vaginal muscosa.