SAHUN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 13-61997 sahun, the appellant, was summoned for trial for offence under Section 376 (f) of the Indian Penal Code for committing rape upon Sahina aged about 6/7 years. The trial court on 11-11-1998 held the appellant guilty of the offence charged, and vide order dated 13-11-1998 the appellant was sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 5,000/ -. In default of payment of fine, the appellant-accused was to further undergo rigorous imprisonment for 2 years.

(2.) THE present appeal has been filed against the judgment and order dated 11 / 13-11-1998 passed by the learned additional Sessions Judge, Gurgaon.

(3.) ON 20-2-1997, Jabbar Khan son of khillu got his statement recorded before assistant Sub Inspector Ram Kumar Police post Bichhore that at about 9. 00 a. m. when he came back from his field, his daughter sahina, was found crying. Sahina told the complainant that Sahun son of Ismail took her to the fields of mustard crop and after opening her salwar fell upon her. On untying the salwar of Sahina, the complainant saw blood upon the thighs of Sahina.