RISHIPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the case in hand a young child of about 5/6 years, daughter of Dil Chand PW1 (the father) and Smt. Vidya PW2 (the mother) resident of village Dulyani had fallen a prey at the hands of the appellant. She was allegedly raped by him on the night intervening 22/23/.6.1996 in the area of village Dulyani and thereafter killed her and threw her body in sugarcane fields. He was consequently charged under Section 376 and 302 IPC and vide impugned judgment stands convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs 10,000/- under Section 376 IPC, in default of payment of fine to further undergo imprisonment for three years. Under Section 302 IPC also he was sentenced in the same manner. Out of the recovered amount of fine a sum of Rs 15,000/- has been ordered to be paid to the parents of the victim as compensation.

(2.) Brief facts of the prosecution case are as under: Dil Chand PW1 along with Sumer Chand, Ex-sarpanch of village Dulyani went to Police Station on 23.6.1996 and made a statement that he is resident of Bihar. About 20 days before the occurrence, he along with his family had come to Jagir Singh son of Chanchal Singh for planting the paddy crops and started residing at the tubewell of Jagir Singh. He has four children, two sons and two daughters. His daughter allegedly raped and murdered was of the age of 5/6 years at the time of occurrence. It is then alleged that on 22.9.96 after finishing his work, he along with his children came to the Kotha of Jagir Singh at 7.00 PM and after taking the meals, were relaxing when at about 8.30 PM, a young boy came there and demanded a tumbler for taking liquor. He refused to give him the same.

(3.) He, however, took up the same which was lying outside the Kotha and started consuming liquor. The complainant asked his name who disclosed himself as Rishi Pal Balmiki resident of Sangroli (appellant herein). It is then alleged that his wife and children had retired on a Palli (sheet made of gunny bags) whereas he (complainant) remained sitting there. The appellant forcibly made him to take liquor and after some time he started feeling sleepy. He slept on the Palli whereas appellant continued consuming liquor. The appellant was wearing a green colour pant of linear design and white shirt having green strips. Besides this he was wearing a red and white chequered design parna (head gear). It is then alleged that at about 2.00 AM at night his wife and one Raju son of Siri Chand from their brotherhood woke him up. His wife told him that when he (Dil Chand) was sleeping, the appellant started threatening her while consuming liquor and she feeling scared, went to the tubewell Kotha of Pala son of Rakam Singh Gujjar resident of Dulyani along with her children as one Raju son of Siri Chand who belongs to their community was residing there along with his children. She further disclosed that at that time Reena was sleeping on the Palli near the complainant and presuming that the appellant might have left the place after consuming liquor she along with Raju returned to the Kotha and did not find her daughter sleeping on the Palli. It is then alleged that the complainant and Raju searched for the girl here and there and in the morning at about 7.00 AM, Parna of the appellant, floral design terricot salwar of her daughter were found lying in the sugarcane field of aforesaid Jagir Singh. Stark naked dead body of her daughter (Reena) was found in the dry water outlet adjoining the road situated near the standing sugarcane crop. Blood had oozed out from her nose and vagina. It is then alleged that he collected the members of his biradari (brother-hood) and approached the police. On the basis of the aforesaid allegations, the present case was registered under Sections 376 and 302 IPC.