PARKASH ALIAS OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal by Parkash alias Om Parkash, son of Han Singh, resident of village Kari Mod, against his conviction and sentence under section 376 of the Indian Penal Code, passed by the Additional Sessions Judge, Bhiwani.

(2.) The prosecution case is that Kumari Pappi prosecutrix alongwith Sunil and Guddi had gone to the plot of Matu to play Tugga game. When they were on the path, which was adjoining the tubewell of Rajiya, the appellant came to that side. The prosecutrix was known to the appellant earlier. He took Pappi inside the adjoining Kothri and threw her on the cot and closed the door of the said Kothri. According to Pappi, the appellant opened the string of her Salwar and thereafter raped her. She suffered pain and raised cries but the appellant did not spare her. Pappi bled. Her Bhabi Roshni heard her cries as she was passing by that side. She pushed the door with force and it opened. On seeing Roshni, the appellant ran away. Roshni brought Pappi to her house. On reaching home she narrated the entire incident to her mother Vidya, who called upon Rameshwar to lodge first information report against the appellant. Rameshwar went to Police Station Badhra and lodged the report Exhibit I.G. on 6-6-1986.

(3.) After lodging of the first information report, Sub-Inspector Hira Singh took up the investigation of the case. He visited the spot prepared the rough site plan, and got the prosecutrix Kumari Pappi medico legally examined by Lady Dr. Monika Goel (P.W. 2). After completion of the investigation, a challen was presented against the appellant. He was tried, convicted and sentenced. Hence this appeal.