RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Shri Raghbir Singh and has been directed against the judgment dated 4.5.1987 vide which the appellant was convicted for the offence under Section 376 of the Indian Penal Code and vide order dated 5.5.1987 he was sentenced to undergo rigorous imprisonment for a period of four years.

(2.) THE brief facts of the case are that on 31.5.1985 at about 10.00 a.m. Pushpa Devi, a minor daughter of Shri Hans Raj, (Prosecutrix) was directed by her mother to go the field of Kalu Ram to collect onions. Pushpa Devi was accompanied by her brother Jaswant and Kala, who is the sister -in -law of Pushpa's brother. On the way, near the field of one Rangarh, the appellant met them and caught hold of Pushpa Devi by her arm. The appellant wanted to take her to the nearby sugarcane field. The appellant slapped Jaswant and Kala and made them to run away and took Pushpa Devi to the field. She was made to lie on the ground and her clothes were removed. The appellant also removed his own clothes and thereafter raped Pushpa Devi. In the meanwhile Jaswant and Kala rushed to their house and informed Smt. Bachni, mother of Pushpa Devi and Hari Chand brother. Both of them rushed to the spot and found the appellant lying over Pushpa Devi. They shouted and then the appellant ran away with his clothes. Pushpa Devi was made to wear her clothes and the blood coming out of her private parts was cleaned with the help of a cloth. The prosecutrix was brought to her house and then she was taken to Shahbad where her father was working as richshaw puller. He met them and they all went to Police Station Shahbad where the report was lodged by Shri Hans Raj, father of Pushpa Devi. The investigation of the case was taken up by S.I. Ram Kishan, who sent the prosecutrix to the hospital for medical examination. He proceeded to the spot and prepared the rough site plan. He also recorded the statements of the witnesses and arrested the appellant on the same day. The underwear of the appellant was taken into possession and he was also got medically examined by a lady doctor, who took her clothes viginal swabs and smears and handed them over to the Investigating Officer.

(3.) ON completion of investigation of the case, the appellant was challaned in the Court of Illaqa Magistrate i.e. the Chief Judicial Magistrate, Kurukshetra, who supplied the copies of the documents to the appellant as required under the law and vide commitment order dated 18.10.1985 committed the case to the Court of Session.