GIANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 296-SB of 1998 filed by the accused-appellant and Criminal Revision No. 647 of 1998 filed by the complainant against the judgment dated 11.3.1998 passed by the learned Additional Sessions Judge, Kaithal, vide which the accused-appellant Giani Ram (herein referred as 'the accused') aged about 38 years, politically aligned, allegedly had some evil designs over the prosecutrix (name not disclosed), a student of 10th class. He brought her from the class room on the pretext of illness of her mother and raped her. Consequently, he was convicted and sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 2000/- under Section 376 IPC and rigorous imprisonment for three years with fine of Rs. 1000/- under Section 506 IPC. However, both the substantive sentences were ordered to run concurrently.

(2.) THE prosecution allegations in brief are that on 8.1.1997, at about 10.00 a.m. when the prosecutrix (name not disclosed) had gone to attend her school, then accused, her neighbour, visited her school teacher and mis-represented that the mother of the prosecutrix was ill. Consequently, he brought her out of the class and then took her to Bal Bhawan on the pretext of carrying cycle. After reaching Bal Bhawan, he took her into the room. As the prosecutrix was treating him as uncle, therefore, she did not doubt him. After entering the room the accused bolted the room from inside and made her to lie on the ground; removed her salwar, and raped her. Thereafter, he threatened her to kill in case she disclosed the occurrence to any body. She did not disclose about the occurrence to her parents out of fear but did not go to school. Ultimately, on repeated asking of her parents, 22.1.1997 she vomitted out the occurrence to them. Consequently, they set for Police Station Cheeka but S.I. Ram Kumar met them on the way, before whom Shingara Singh (father of the prosecutrix) got recorded his statement EX.PJ, on the basis of which formal FIR Ex.PG was registered by HC Prem Singh. SI Ram Kumar visited the place of occurrence; prepared the rough site plan Ex.PS recorded statements of the witnesses under Section 161 Cr.P.C.; statement of the prosecutrix under Section 164 Cr.P.C. was also recorded. On 23.1.1997, he got the prosecutrix medico-legally examined from Dr. Sunita Jain, Civil Hospital, Kaithal. On 24.1.1997, SI Ram Kumar collected the photo copy of the attendance register of the school Ex.PA and recorded statement of Mandeep Pal Kaur school teacher. On 27.1.1997, he arrested the accused and got him medico-legally examined through ASI Lajja Ram. On 29.1.1997, he collected the date of birth proof of the prosecutrix Ex.PB from Head Master, Government Girls Senior Secondary School, Cheeka. On 23.1.1997, he got the prosecutrix radiologically examined regarding her age. The completion of the investigation was followed by a report under Section 173 Cr.P.C. against the accused.

(3.) IN order to substantiate the charges, the prosecution examined as many as 12 witnesses. Smt. Mandeep Pal Kaur (PW-1) class teacher testified that the accused had visited the school on 8.1.1997 and took the prosecutrix from the class on the pretext that her mother was ill. At that time he had represented that he was her uncle and neighbour. Besides, she has proved the entry from the school card in order to establish that as per school records she was born on 15.3.1977.