RAKHA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Rakha Ram (hereinafter described as the appellant), directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Ambala dated 14th December, 1992. By virtue of the impugned judgment and the order of sentence, the learned trial Court held the appellant guilty of the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 200/-. In the case of default of fine, he was to undergo further rigorous imprisonment for a period of three months.

(2.) IN brief, the facts leading to the filing of the appeal are that as per the prosecution on 22nd of April, 1992, Kamlesh daughter of Jarnail Singh was present in her house in village Kishangarh. In the morning, the appellant came to the house of the prosecutrix. He is the brother of the grand-mother of the prosecutrix Kamlesh. The appellant promised to get Kamlesh prosecutrix 'Kulfi' with the sale proceeds the cardboards and bottles which were to be collected. They went at the back of the premises of the Training Centre of ITBP. For some time, card-boards were collected. The appellant asked the prosecutrix to go a little ahead for collecting empty bottles and took her to a nearby jungle. There in, he broke the string of the salwar of the prosecutrix and raped her. On hearing her cries, Baljinder and Pala were attracted and witnessed the heinous crime.

(3.) THE law was set into motion and report was made to the police by mother of the prosecutrix. The appellant was arrested on 24th April, 1992. The prosecutrix and the appellant were medico-legally examined.