SATYAPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Satyapal has filed the present appeal against the Judgment and order dated 31-3-1994 passed by Sessions Judge, Bhiwani, whereby he was convicted under Section 376. I. P. C, and sentenced to undergo R. I. for seven years and to pay a fine of Rs. 20,000/-. In default of payment of fine, he was directed to undergo further R. I. for two years. The amount of fine of Rs, 20,000/-, on its payment, was directed to be given to the prosecutrix.

(2.) As per the FIR, which was lodged at the instance of the prosecutrix, aged about 11 years, she went to the fields to bring fodder on 5-2-1993 at about 8.00 a.m. When she reached near the fields of Nihala, the appellant came near her and after forcibly lifting her, removed her to fields, which adjoined the path. She raised an alarm but the appellant gagged her mouth. He broke the string of her salwar and started sexually assaulting her. She did her level best to object to the same but the appellant committed rape upon her forcibly and against her wishes. After some time, she saw her mausi coming from the side of the village. The appellant left her and ran away. Her mausi came near her and removed her to the house. At that time father of the prosecutrix was away to another village. He was summoned back. The people of the village were gathered and an effort was made to settle the matter at the brotherhood level. However, the parents of the appellant did not listen to any sane advise. Finally, the prosecutrix, while accompanied by her father, mausi and Sarpanch of the village, reached Police Post Kairu and made a statement Ex. PD before ASI Partap Singh, Incharge. Police Post on 6-2-1993 at 8.30 a.m. On the basis of the same, formal FIR No. 38, Ex. PD/2, dated 6-2-1993 was registered at Police Station Tosham at 9.10 a.m. Special report was also sent to the Ilaqa Magistrate, which was received on the same day at 12.30 p.m.

(3.) The investigation of the case was then taken up by ASI Partap Singh, who got the prosecutrix medico-legally examined from a lady doctor. He recorded the statements of father and mausi of the prosecutrix and prepared rough site plan Ex. PJ of the place of occurrence. The appellant was arrested by him on 8-2-1993 and was got medically examined vide his request Ex. PA/1. After the completion of the investigation, the challan was presented in the Court.