DHARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE judgement dated 9.5.1995/26.5.1995 appellant was convicted by the Additional Sessions Judge Sonepat under Section 376 I.P.C. and was sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 4,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) IN brief, the facts are that on 30 -1 -1994 at about 11/12 noon, prosecutrix, Smt. Dhanno, 70 years old, having three sons and three daughters, had gone to her fields to collect fodder for her buffalo. Then she was taking out 'Metha' from the sugarcane field of one Kanhiya, accused Dharamvir came to her. On questioning the purpose of his visit, he left. She then again started pulling out 'Metha' in a bending pose. Accused came back and grappled with and threw her on the ground. Prosecutrix told ground. came back and grappled with and threw heron the him that she is of the age of his grand -mother and he should be ashamed of in doing so. On this, accused gagged her mouth and opened the string of her Salwar and then raped her against her wishes. Accused further threatened that if she tells about this to any one she would be killed. In the scuffle that followed, she lost her ear -ring and nose -pin. Accused ran away. Prosecutrix came back weeping to her house but none was there, but in the short -while her husband's brother, Maha Singh came. Though he was told about the incident but he wanted her to inform his son Om Parkash (PW -6) who resides at Delhi. Dharam Singh son of Maha Singh was went to Delhi to fetch Om Parkash. On receiving message from Dharanivir, Om Parkash and his family came to the village. After consulting his son, prosecutrix decided to lodge a report. While going to police station, she met A.S.I. Ram Avtar who recorded the statement of the prosecutrix, Exh. PX, and for warded the same to P.S. Baroda on the basis of which F.I.R. Ex. PK/2 was recorded. Prosecutrix was taken to Civil Hospital, Gohana but since no lady doctor was available there, she was taken to General Hospital, Sonepat where she was examined. Accused was arrested on 4.2.1994 and on 5.2.1994 he was taken for medico -legal examination to Primary Health Centre, Bhainswan where P.W. 2, Dr. I.S. Poonia examined her. After due investigation, the accused was sent for trial. Prosecution examined eight witnesses. Maha Singh was given up being unnecessary. Accused when examined under Section 313 Cr.P.C. pleaded false implication and stated that the prosecutrix had committed the theft of fodder from his fields and apprehending that a theft case may be registered against her, he has been falsely implicated. In defence, he examined D.W. 1, Daryao son of Sarupa, who stated that he had seen the prosecutrix harvesting Barsin from the fields of accused and he told this fact to the accused who along with his brother went to the house of prosecutrix to lodge a protest. Subsequently, they went to lodge an F.I.R. of theft against prosecutrix, the accused was detained.

(3.) THE trial Court on the appreciation of evidence on record convicted and sentenced the accused as stated "above. Accused has come in appeal