DHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant appeals from jail where his undergoing seven years' rigorous imprisonment for having committed rape upon Sarli, the prosecutrix (P.W.4) on 15th January, 1985 at about 9.00 A.M. within the area of village Nalwa, District Hissar. What has been found established against him by the trial Court is as follows.

(2.) ON the date and time noticed above when Sarli was near Ghogar tibba and plucking bushes from a jand tree, the appellants came there and started outraging her modesty. When she protested she was made to lie on the ground and after breaking open the string of her salwar he committed rape upon her. As a result of the resistance she put forth some of her bangles were broken. The appellant also gave a bit on her right cheek. She continued crying during the process of intercourse and her alarm atracted Kailash PW 5 to the spot. But by that time, the appellant had completed the sexual intercourse. on seeing Kailash he ran away from there. Thereafter she came to the house and narrated the entire incident to her mother-in-law Shmt. Gia. It was only after the arrival of her jeth (husband's elder brother) in the evening that she made statement Ex. PE before Inspector Shri Ram Malik. PW 7 on the basis of which formal FIR (Ex. PG) was recorded. As a result of the medical examination to which she was subjected on that very evening by Dr. Ravi Kahta (P.W. 1), L.M.O. General Hospital, Hissar the latter opined as follows :-

(3.) HAVING perused the evidence on record and the impugned judgment. I am satisfied that this appeal must succeed.