DHARAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order passed by Shri B.S. Rawat, the then Additional Sessions Judge, Sonepat, whereby the appellant has been convicted under Sections 363, 366 and 376 IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/ - and in default of payment of fine, to undergo further rigorous imprisonment for one month under Section 363 IPC; to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,000/ - and in default of payment of fine, to undergo further rigorous imprisonment for two months under Section 366 IPC and to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to undergo further rigorous imprisonment for a period of two months under Section 376 IPC. All these sentences except for default in the payment of fine have been ordered to run concurrently.

(2.) SUCCINCTLY , the facts of the prosecution case are that prosecutrix PW - 3, daughter of Attar Singh, PW -7, aged 14 years, was studying in 8th class in Government Girls High School, Farmana. On 15.7.1995, she left her house at 7 - AM for going to the school. She was suffering from dysentery. She obtained sick leave from her class teacher at about 12 noon. When she came out of the school, she found Dharam Singh accused at the gate of the school. Dharam Singh told her that her grand -father Risal Singh (PW -2) was collecting green fodder in the fields and he wanted to see her. After obtaining medicines from the hospital, the prosecutrix accompanied Dharam Singh accused to the fields on foot. After travelling for half an hour on foot, they reached the tubewell house of one Hari Singh situated in the revenue estate of village Nijampur Majra. When she did not find her grand -father in the fields, she inquired from Dharam Singh accused about her grand -father. Dharam Singh accused then took out a knife and told her that if she raised any further queries or tried to raise an alarm, she would be done to death. Dharam Singh kept her in the tubewell house during the night and raped her. She resisted his attempts and bit him and also inflicted injuries to him with her finger nails. Next morning, a Maruti van came to the tubewell house. Dharam Singh made her to board the Maruti van. After she had boarded the Maruti Van, Dharam Singh placed a cloth on her mouth. She became unconscious by smelling the cloth.

(3.) THE prosecution has further alleged that when the prosecutrix regained consciousness, she found herself in a house at Rewari town. The accused stayed with her in that house for one day and thereafter took her to village Matanvas in Rajasthan. She stayed with him at village Matanvas. Thereafter, Dharam Singh accused took her at various places. On 23.9.1995, the accused was arrested from the platform of Railway Station, Sonepat along with the prosecutrix.