YASH PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Yash Pal (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Ambala dated 24.11.1986 and 25.11.1986 respectively. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Sections 376/511/342 and 506 IPC. By the subsequent order of sentence, the learned trial court sentenced the appellant to undergo rigorous imprisonment for one year for the offence punishable under Sections 376/511 IPC and a fine of Rs. 1,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for 3 months. For the offence punishable under Section 342 IPC, the appellant was sentenced to undergo rigorous imprisonment for 3 months and to pay a fine of Rs. 200/-. In default of payment of fine, he was to undergo further rigorous imprisonment for one month. Lastly, with respect to the offence punishable under Section 506 IPC, the appellant was sentenced to undergo 3 months rigorous imprisonment and a fine of Rs. 200/-. In default of payment of fine, he was to undergo further rigorous imprisonment for one month. All the sentences were directed to run concurrently.

(2.) THE facts of the prosecution case are that Suman Bala is the prosecutrix. In August, 1983 she was studying in 9th class in Daya Nand High School. Her father worked as a contractor at Panipat. On 22.8.1983 she was standing in front of her house. The appellant lives in the house opposite that of Suman Bala. The appellant came and told Suman Bala that his sister-in-law (Bhabi) was calling her. Suman Bala accompanied him. When she entered the room, the appellant locked the door from inside. She was threatened that if she raised alarm, she would be killed. The appellant forcibly put her on the bed, undressed her and committed rape. She started bleeding. When she managed to put his hand away from her mouth Suman Bala again cried. Krishan Lal came to the spot and knocked at the door. At this appellant left Suman Bala and put on his clothes. He opened the door, pushed away Krishan Lal and ran away.

(3.) LADY Dr. Sudha Sharma examined Suman Bala. She found that secondary sex character was developed and further recorded :-