DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant has been sentenced to undergo RI for four years and to pay a fine of Rs. 500/- under Section 376 IPC by Additional Sessions Judge, Kurukshetra vide judgment and order dated 14.7.1994. In default of payment of fine, the appellant was sentenced to undergo further RI for six months. Aggrieved by the same, the appellant has filed the present appeal.

(2.) THE prosecutrix, who was aged about 8 years, was subjected to sexual intercourse by the appellant on 1.3.1993 at about 12.00 noon. The prosecutrix had accompanied her mother to the field of Shera of their village for bringing grass from there after cutting the same. At that time, the appellant was also cutting the grass from a nearby field. The prosecutrix helped her mother to place the bundle of grass on her head and thereafter they started moving towards their house. At that time, the appellant came to the mother of the prosecutrix and asked her to send her daughter to help him in picking up his grass bundle. The prosecutrix was, accordingly, sent by her mother with the appellant, who herself went to her house. About an hour later, the prosecutrix reached her house weeping and at that time her salwar was found besmeared with blood. On being asked by her mother, the prosecutrix told her that appellant had committed rape upon her.

(3.) THE prosecutrix was medico-legally examined by Dr. Sunita Jain PW-9 on 1.3.1993. The accused was arrested on 4.3.1993 and on the same day was subjected to medico-legal examination by Dr. Rajan Kohli, PW-6, who found him sexually fit.