SHYAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal directed by the accused against the judgment dated 16.1.1995 passed by Sh. S.N. Chadha, Additional Sessions Judge, Bhiwani, vide which accused Shyam Lal has been held guilty under Sections 363 and 354 IPC and whereas accused Ashok, Kapoor Singh and Ajit @ Jeeta have been held guilty under Section 363 IPC and have been sentenced till the rising of the Court and to pay a fine of Rs. 2,000/- each and in default of payment of fine, they were to undergo rigorous imprisonment for a period of six months each. Out the amount of fine, if realised, a sum of Rs. 5,000/- has been ordered to be paid to the prosecutrix.

(2.) BRIEF facts, as gathered from the record are that on 28.5.1994 at about 1.00 P.M. prosecutrix was taking bath under the cover of cot in her house situated in village Mehrana. Her mother Ramrati was feeding her younger brother Charan Singh in another room. Accused Shyam Lal, Ajit, Ashok and Kapoor Singh came to the house of Rajender and asked Ramrati if Rajender was in the house. Ramrati replied in the negative and told that Rajender was away to Dadri. In the meanwhile, the prosecutrix had dressed herself. Accused Jeeta bolted the door of the room where Ramrati was feeding her son. Accused Shyam Lal caught hold of the prosecutrix from her hands and pulled her and accused Ashok, Kapoor Singh and Jeeta also pushed her. The accused forcibly kidnapped the prosecutrix. She raised the alarm but to no effect as none came to rescue her. The accused lifted the prosecutrix and took her to the house of Ashok accused. Ashok and Kapoor Singh stood outside the gate of the house in order to guard any person entering into it. Accused Jeeta took the prosecutrix by her hands inside the room while accused Shyam Lal opened the string of her salwar and took out the same. Accused Shyam Lal also took out his pant and placed it aside and attempted to commit rape on the prosecutrix. She raised alarm and resisted his attempt by her legs and hands. In the meanwhile, Ramrati came there. The door of the room where she was confined was opened by her younger daughter Suman and she set out for searching her daughter i.e. prosecutrix. On seeing her, both accused-Ashok and Kapoor Singh escaped and Ramrati rescued her daughter from the clutches of Shyam Lal and Ajit. Shyam Lal wore his underwear and ran away carrying his pant. Jeeta accused also ran after pushing Ramrati. Ramrati lifted the prosecutrix and took her to her house. Rajender came on the next day and she narrated the whole occurrence to him. Thereafter the matter was reported to the police.

(3.) THE prosecution, in order to bring home the guilt of the accused, examined PW-1 Dr. H.L. Beniwal, Medical Officer, General Hospital, Dadrai, PW-2, Bharpur Singh, Science Master, Govt. Middle School, Mehrana, PW-3 Narender Singh Yadav, Draftsman, Civil Courts, Charkhi Dadri, PW-4 prosecutrix, PW-5, Ramrati, PW-6 Hawa Singh, S.A., Office Civil Surgeon, Bhiwani, PW-7 Rajender Singh, PW-8 Siri Bhagwan SI and closed its evidence.