KISHEN ALIAS KISHNI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal filed by Kishan alias Kishni appellant, and has been directed against the Judgment and order dated 6-5-1987 passed by the Court of Addl. Sessions Judge-II, Faridabad, who convicted the appellant Kishan alias Kishni under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 500/- and in default of payment of fine the appellant was directed to undergo rigorous imprisonment for 2 months.

(2.) Kishan alias Kishni appellant faced trial in the trial court under Section 376 of the Indian Penal Code on the allegations that on 19-3-1984 in the area of village Bawariyaka he committed rape upon a minor girl aged about 9-10 years by the name Miss Mukesh and thereby he allegedly committed an offence under the above provisions of law.

(3.) The allegations of the prosecution as well as the brief part of the investigation can be described in the following manner.