RAKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) A five year girl, (hereinafter referred to as the "prosecutrix" and name not disclosed) fell prey in the hands of the accused/appellant, Rakesh (hereinafter referred to as accused) who attempted to commit rape but having failed in his mission, committed sodomy for which he was tried, convicted, sentenced to undergo RI for 7 years and fine of Rs. 2000/- under Section 377 IPC and RI for 5 years under Section 376, read with Section 511, IPC.

(2.) FACTUAL matrix of the case which culminated into trial is that on 31st March, 1996, at about 3 P.M., Bhanwar Singh, complainant (hereinafter referred to as "complainant") was present at his house along with his wife Smt. Gopal Kamal, who was preparing food for him. In the meanwhile, prosecutrix, aged about 5 years came shrieking and disclosed that the accused induced her to go to his room on the pretext of showing her television, and made her to lay on the bed, removed her underwear and inserted his penis in her anus. When she started crying out of pain, the accused shut her mouth with his hand. On the basis of the aforesaid statement, the case was registered and the investigation was handled by ASI - Bhagat Ram, Investigating Officer who visited to the place of occurrence; arrested the accused got recorded the MLRs. Ex.PA and Ex.PB respectively, took the blood-stained underwear of the prosecutrix into possession vide memo. Ex.PF. The completion of investigation was followed by a report under Section 173 Criminal Procedure Code against the accused. On commitment, the accused was charged under Section 376, read with Section 511 and 377 Indian Penal Code.

(3.) WHEN examined under Section 313 Criminal Procedure Code, the accused denied all the circumstances appearing against him and pleaded his false implication. No evidence was led in the defence. The trial Court ended in conviction. Heard.