RAJ KUMAR @ KALU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant and Abhey Singh were prosecuted under Section 376/354 IPC in FIR No.71 dated 19.03.2002, Police Station Civil Lines, Bhiwani by the Judicial Magistrate Ist Class, Bhiwani, on 31.07.2002 committed to Sessions Court for trial. Abhey Singh was acquitted from the charge under Section 376 IPC. Appellant was convicted and sentenced to rigorous imprisonment for a period of 7 years and also directed to pay fine of Rs.400 for the offence punishable under Section 376 IPC in default of payment of fine the convict shall further undergo simple imprisonment for a period of 4 months on 31.10.2003 by the Additional Sessions Judge (Fast Track Court), Bhiwani.

(2.) The appellant aggrieved by the judgment dated 31.10.2003, presented this appeal. Brief prosecution story is that on 18.03.2002 a medical rukka along with MLR of Suman daughter of Raghbir was received from General Hospital, Bhiwani. On receiving the medical rukka, ASI Miya Singh reached General Hospital Bhiwani for recording the statement of Suman daughter of Raghbir. He sought opinion of the doctor as to whether Suman was fit to make the statement. The doctor opined Suman unfit to make the statement. On 19.03.2002, SI Sher Singh again went to General Hospital, Bhiwani for recording the statement of Suman and obtained opinion of the doctor. The doctor opined her fit to make the statement. SI Sher Singh moved an application for seeking permission to record the statement under Section 164 Cr.P.C. of Suman, upon which the statement under Section 164 Cr.P.C. was recorded by Mrs. Shalini Singh, learned Chief Judicial Magistrate, Bhiwani. In her statement, Suman has stated that few days back Kalu son of Karan Singh, who was related to her as maternal uncle, had forcibly taken her away and had committed sexual intercourse with her. The matter was compromised. Kalu had come to her house 3/4 times for kidnapping her. On Sunday, she along with her sister was going to serve water to their cattle. Kalu caught hold of her by her hand. Sunita, her sister ran away. Kalu fell her down. One cyclist rescued her. On that day, her father was not at home. Feeling embarrassed and ashamed, she consumed insecticide. Kalu had also committed rape upon her 10/12 days ago. One more person who was Saini by caste was also with him. He had also consumed liquor and committed sexual intercourse with her. Statements of witnesses were recorded. Rukka was sent to the police Station on the basis of which, formal FIR was registered. Further investigation was then carried out. The accused were arrested. After completion of necessary investigations, the challan was put up in the Court of Illaqa Magistrate, who after resorting to necessary formalities regarding supply of copies etc. committed to the court of Sessions for trial of the accused under Sections 376/354 IPC vide commitment order dated 31.07.2002. Appellant and another were charge sheeted under Section 376 IPC on 03.10.2002. The accused did not plead guilty to the charge and claimed trial.

(3.) The prosecution in support of the case, examined prosecutrix as PW1, Raghbir -PW2, Constable Hazari Lal as PW3, Lady Constable Neelam as PW4, Rajbir Singh, Head Teacher as PW5, Kanwarpal Draftsman as PW6, Constable Rajinder Singh as PW7, Smt. Guddi as PW8, HC Ram Kumar as PW9, HC Jagmal Singh as PW10, EHC Ravinder Kumar as PW11, Dr. Suman Bhaskar as PW12, Dr. K.K.Girdhar as PW13, Dr. M.K.Garg as PW14, Dr. N.K.Chaudhary as PW15, Dr. Dara Singh as PW 16, Mrs. Shalini Singh, learned CJM Bhiwani as PW17, Dr. M.K.Goel as PW18, Inspector Sheetaj Singh as PW19, SI Sube Singh as PW20, ASI Maha Singh as PW21, SI Sher Singh as PW22, Sunita as PW23 and Constable Ram Singh as PW24 in oral evidence.