SATBIR SINGH ALIAS SATTO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 16.8.1994/18.8.1994, whereby the appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo further rigorous imprisonment for one year. It has been further directed that the entire amount of fine, if recovered, be paid to the prosecutrix by way of compensation.

(2.) THE prosecutrix has been residing alongwith her parents, brother and sister in village Banchari, District Faridabad. On 17.9.1991 at about 11 A.M. her parents, brother and sister were away from the house and she was all alone inside the kotha and singing a song. The appellant, co-villager suddenly entered the room and pounced upon her. Prosecutrix put up resistance and tried to get free from the clutches of the appellant but he picked up a danda and gave two blows to her on the back and left arm. She was then gagged and made to lie on the cot by the appellant. Her petticoat was lifted and underwear was forcibly removed. The appellant committed sexual intercourse with her against her wishes and in spite of resistance put up by her. In the meanwhile, Man Singh one of the brothers of the prosecutrix happened to return from his school and found the appellant committing rape upon the prosecutrix. On seeing Man Singh, the appellant succeeded in running away. Mukhtiar Singh and Smt. Kamla who are relations of the prosecutrix and also neighbours saw the appellant while running away.

(3.) S .I. Niranjan Lal took up the investigation. The prosecutrix was got medically examined from Doctor Manjula Misra of Civil Hospital Hodal. Vaginal swabs and the wearing clothes of the prosecutrix, duly sealed in separate parcels, were handed over to the police. Rough site plan and scaled site plan of the place of occurrence were got prepared. The cot on which rape was committed was also taken into possession. The appellant was arrested on 18.9.1991 and he was also got medically examined. His Tehmad and underwear were also taken into possession. The parcels containing the vaginal swabs, the wearing clothes of the prosecutrix and the clothes of the appellant were sent for chemical examination to Forensic Science Laboratory, Madhuban. After the receipt of the report of the Chemical Examiner and completing the investigation a charge-sheet was submitted to the court.