IDRISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 27.3.1999 and order dated 30.3.1999 of the Additional Sessions Judge, Gurgaon (hereinafter described as 'the trial Court') vide which the appellant has been convicted for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo imprisonment for one year.

(2.) ONE Smt. Jarina wife of Hanif is the complainant (Referred to hereinafter as 'the prosecutrix'), who lodged the F.I.R. with the allegations that on 30.12.1995 at about 3.00 P.M. when she was cutting the grass in her field, Idrish son of Yashin alias Aasin (appellant herein) was summoned to help her in order to lift the grass and taking advantage of the situation, he felled her down to the ground and committed sexual inter-course upon her without her consent. One Dina son of Hussain, who was allegedly present at a distance of about two acres, is supposed to be an eye witness for whose help she had cried out for, but he had not responded to her cries.

(3.) THE police investigated the matter and prima facie, found the complicity of the appellant and accordingly, a challan pursuant to the provisions of Section 173 of the Cr.P.C. was presented against him.