SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19.3.1987/20.3.1987 passed by Additional Sessions Judge, Rohtak by which the appellant has been convicted under Section 376 IPC and sentenced to undergo R.I. for five years and to pay a fine of Rs. 200/- and in default of payment of fine, to further undergo R.I. for six months.

(2.) BRIEFLY , the prosecution story is that on 16.9.1986 at about 4.30 P.M. Lila Wati, prosecutrix was plucking cotton flowers from her own field, known as Meda Wala in village Girawar, when accused Satbir Singh came form behind and embraced her from her back. Thereafter, he took the prosecutrix forcibly to the bajra crop standing in the adjoining field belonging to her. The prosecutrix tried to free herself from the clutches of the accused but he made her to fall on the ground and started opening the string of her salwar. On resistance being shown by the prosecutrix, the accused attempted to bite on her face, which she also prevented and raised an alarm. In the meantime, the accused had, however succeeded in tearing her salwar from 2-3 places and also in opening the string of her salwar. Thereafter, the accused committed rape on her because she had become helpless and thereafter unconscious. The alarm raised by Lila Wati, prosecutrix attracted Gindori (PW.7) who was working in nearby field, to the spot. She gave slaps from both of her hands on the back of accused while he was still lying on Lila Wati PW; as a result whereof he got up, pushed her and ran away from there. Gindori (PW.7) also raised an alarm, which attracted Suresh (PW.8) who was working in a nearby field. When Suresh, PW was about half killa from the field of Lila Wati, PW he also saw the accused running from there. On seeing Suresh PW, the accused wielded his lathi which Suresh PW snatched from him and as an impact of that, the accused fell down and sustained injuries but he managed to escape. Prosecutrix Lila Wati narrated the entire occurrence to Gindori and Suresh PWs, who brought her to her house, where her husband was not present at that time. On that very evening, Lila Wati PW told the story to her husband Satbir Singh PW whereafter she was taken to Primary Health Centre, Madina but she could not be medically examined because there was no lady doctor and, as such, they returned to the village. On the following day, Satbir Singh, PW husband of the prosecutrix, collected brotherhood in the village and, thereafter, he along with Lila Wati prosecutrix, Gindori and Suresh PWs went to Police Station, Meham where Lila Wati PW lodged report, Ex. PF with the Police on 17.9.1989 at 7.30 P.M. Thereafter, ASI Partap Singh (PW-10) recorded the statements of other PWs. in Police Station, Meham and on that very day, Lila Wati PW was taken to Civil Hospital, Rohtak, where she was medico-legally examined by lady doctor Shashi Chaudhary (PW.3) on 18.9.1986 at 10.00 A.M. who made the following observations :-

(3.) THEREAFTER , ASI Partap Singh, PW went to the spot, got the place of occurrence photographed from Jagat Singh (PW.5), picked up pieces of broken glass bangles from the spot, made these into sealed parcel and took the same into possession vide recovery memo, Ex. PJ attested by Gindori and Suresh PWs. He also prepared rough site plan, Ex. PK, of the place of occurrence and on return to the police station on the same day, deposited the case property with MHC with seals intact.