RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Appeals No. 110-SB of 1995 and 117-SB of 1995 filed by Ramesh and Gutiya alias Raj Kumar, respectively, shall be decided by a common judgment as these appeals have been filed against the same judgment/order dated 18.1.1995/19.1.95, of the learned Additional Sessions Judge, Bhiwani. Vide the aforesaid judgment/order, both the appellants Ramesh and Gutiya alias Raj Kumar, were convicted under Sections 376/34 IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- each. In default of payment of fine both the accused were ordered to undergo further rigorous imprisonment for a period of six months.

(2.) BRIEFLY stated, the prosecution story is that Sakina, daughter of Jai Lal, caste Jat, resident of village Matani aged 14/15 years had come to his maternal uncle's village Bidola about one month back before the occurrence. On 18.11.1992, at about 7.00 a.m. she along with her maternal aunt Smt. Roshni wife of Sajjan, Surinder, her maternal uncle and Dharam Singh, grand-maternal uncle had gone to cut gwar crop in the field. Then at about 2.00 p.m. her maternal aunt (Mami) asked her to fetch some water from the house. When she had covered a distance of three acres near a tiba beside the field of Mangal Kumhar, both the accused persons came out from the bushes. Ramesh accused caught hold of her hand and asked not to raise noise otherwise they would kill her and by putting his hand on her mouth dragged her towards Sarkandas bushes and then by breaking open the string of Salwar he committed rape upon her and she raised raula and bit his hand with her mouth. Gutiya alias Raj Kumar remained standing on the path. Then on hearing raula, her maternal uncle Surender and grand-maternal uncle Dharam Singh rushed to the spon. The accused persons fled away. Then she told about the incident to her grand- maternal uncle. Upon her statement made to the police, FIR Ex.PD was registered against the accused persons under Sections 376/506/34 IPC. The salwar and shirt which were worn by the prosecutrix at the time of occurrence were taken into possession vide memo Ex.PA attested by Dharam Singh and Surender Singh. Site plan Ex.PR was prepared by the police. Since the date of birth of the prosecutrix was not found entered in the record maintained by the office of Civil Surgeon, certificate Ex.PL of Bajender, brother of prosecutrix, was taken into possession by the police. Trousers of Ramesh accused were taken into possession by the police vide memo Ex.PQ. The prosecutrix was got medico-legally examined vide medico-legal report Ex.PH on 13.11.1992; itself. Sealed parcel, vaginal swab, vaginal slide and forwarding letter were taken into possession by the police vide memo Ex.PF. On 15.11.1992, both the accused were arrested and got medico-legally examined vide medico-legal report Exs.PA and Ex.PC. The concerned doctor vide opinion Ex.PB opined that the injury on the right index finger on the person of Ramesh was due to teeth injury. Radiological report of Sakina for determining her age was obtained as Ex.PG.

(3.) THE prosecution has produced 9 witnesses and has tendered into evidence affidavits Exs.PN and PO of H.C. Ram Singh and constable Shyam Sunder, respectively, in order to prove the prosecution story.