RAJBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS Rajbir and Mst. Sunita were convicted by the learned Trial Judge for an offence under Sections 376 and 109 of the Indian Penal Code respectively by the learned Additional Sessions Judge, Jhajjar on 15.4.2005. Appellant Rajbir was directed to undergo Rigorous Imprisonment for a period of seven years and to pay a fine of Rs. 2,000/-. In default of the payment of fine, he was to undergo further Rigorous Imprisonment for a period of two months. A similar punishment was awarded to appellant Sunita. The order on point of sentence is dated 19.4.2005.

(2.) ON 7.5.2003, at about 10.00 A.M., appellant Sunita had taken the prosecutrix along on the pretext of collecting fire wood. They went over to the fields of Sube Singh son of Mana of village Khanpur Khurd where appellant Rajbir was available. Appellant Sunita caught hold of prosecutrix; while appellant Rajbir forcibly administered an intoxicant into her mouth. On account thereof, the prosecutrix became unconscious. On re-gaining consciousness, she was not in a position to find out what exactly had happened to her. It was only at a subsequent point of time i.e. on 11.5.2003 that she noticed that her person had been violated. Formal FIR Exhibit P1/A under Sections 376/511 /120-B of the Indian Penal Code came to be registered on the basis of an application given by her parents to the police.

(3.) A conjunctive perusal of the testimony of PW10 Dr. Kumud Sharma (who had medicolegally examined the prosecutrix) and FSL report Exhibit P10 would rule out the commission of offence of rape. The FSL report is to the effect that "Human semen was detected on exhibit-4c (Kachha). However, semen could not be detected on rest of the exhibits mentioned above."