BUDH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13.11.1986 passed by the Sessions Judge, Narnaul by which the appellant has been convicted under Section 376 IPC and sentenced to undergo imprisonment for a period of seven years and to pay a fine of Rs. 2000/ - and in default of payment of fine, to undergo further R.I. for a period of one year.

(2.) BRIEFLY stated, the case of the prosecution is that on 9.6.1986 at about 2.00 P.M., Mithlesh was carrying meals for her father to the fields. On the way, the accused Budh Ram took her to the Kothri near the tube well of Ramjiwan, which he had taken on lease from the latter, and committed rape on her. Ram Pat (PW - 8) who was going towards his fields saw the accused committing sexual inter -course with Mithilesh. He rebuked the accused and also slapped him. In the meantime, Attar Singh father of Mithilesh also reached there on a call given by Rampat. At that time, Rampat was giving beating to the accused. Meanwhile, Mithlesh suddenly ran away and jumped into a well, whereafter the accused also made good his escape towards the village. The dead body of Mithlesh was taken out of the well and thereafter Attar Singh, lodged a report with the police at the crossing of Banipur. After completion of the investigation, challan was presented against the accused.

(3.) TO prove its case, the prosecution examined Attar Singh (PW -2) who reiterated the facts noticed hereinabove and further deposed that the earlier name of Mithlesh was Shakunt and that she was his first child as was of the age of 15 years at the time of occurrence. He also deposed that he waited for his daughter upto 2 P.M and when she did not come to the fields with his meals, he left for his house and on the way, he was called by Rampat who informed him that the accused had committed rape upon his daughter. PW -8 Rampat deposed that he was proceeding towards his fields at about 2 P.M. on the date of occurrence when he saw the accused committing sexual intercourse with Mithlesh in Kothri of the tubewell, that he rebuked and slapped the accused, that the prosecutrix came out from the Kothri and jumped into well; that the accused managed to run away from the spot on his camel; that he went to the village and informed several persons and that thereafter the dead body of Mithlesh was taken out of the well. He also stated that no body had come to the spot inspite of alarm raised by him. This witness was also cross -examined by the learned Public Prosecutor with the permission of the court as he was allegedly suppressing material facts but he reiterated that Attar Singh had come to the spot after about half an hour of the occurrence. PW -3 Ramjiwan deposed that he had given 18 killas of his land on lease to accused Budhram; that the dead body of Mithlesh was brought out of the well in his presence at about 4.30 P.M. PW -1 Dr. Anil Mathur conducted the post -mortem examination on the dead body of Mithlesh on 10.6.1986 and found one superficial abrasion each on the outer pinna of the left and right ear. On examination of the genitalia, he found no external mark of injury or blood or seminal stains. Hymen was reputured and the vagina admitted two fingers easily. Dr. Mathur had also taken three slides of vaginal swabs of the prosecutrix and sent the same for chemical examination. The cause of death was opined to be due to asphyxina as a result of drowining. According to the witness, the approximate age of the deceased was 14 -15 years and after perusal of the report of the Chemical Examiner, he also opined that the deceased had been subjected to sexual inter -course before her death. PW -4 Dr. N.K. Jain had medico -legally examined the accused on 15.6.1986 and found 4 abrasions on different parts of his body, which were all opined to be simple in nature and having been caused with a blunt weapon within a probable duration of more than one to two days and less than 10 to 14 days. Dr. Jain had also taken into possession of Kachha of the accused which was handed over by him to the police. PW -5 Patwari Hira Singh proved the sealed site plan Ex. PE which he had prepared at the instance of the police and on the pointing out of Rampat (PW -8). PW -6 Jagram, Statistical Assistant proved the birth entry of Shakunt Ex.PF/1. PW -7 SI Ramnath who had investigated the case gave a detailed account of the manner in which investigation of the case was conducted by him. Besides, the learned Public Prosecutor also tendered in evidence the affidavits of formal witnesses and reports Ex.PB and PB/1 of the Assistant Chemical Examiner.