INDERJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant has filed this appeal against the conviction and sentence passed by the learned Sessions Judge, Rohtak in Sessions Case No. 357 of 1986 by which he was convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. The F.I.R. was registered at Police Station, Jhajjar on the complaint given by the prosecutrix for the offence under Section 354 of the IPC because in the FIR, she had mentioned that the appellant gagged her mouth with one of his hands and he took her in his embrace to the fields of sarson where he wanted to outrage her majesty, she struggled with him and raised alarm but he threw her down on the ground forcibly and placed his knees on her abdomen and neck, he placed one of his hands on her face and started opening the string of his trouser (pyjama). On hearing the alarm, Dariya Ahir came there and on seeking him, the appellant fled away. Her bangles were broken in the struggle.

(2.) ACCORDING to the prosecution case, the prosecutrix being a married woman, did not complain about rape having been committed by the appellant. However, on repeated questioning by her husband and on assurance by him that he would not divorce or desert her, she told him the story of rape having been committed by the appellant on the evening of 6th (6.2.1986). Next day on 7th, her husband Jai Kishan again went to Police Station but Police did not listen to him. Therefore,he gave an application to the Superintendent of Police, Rohtak in the name of his wife. The D.S.P. recorded his statement on 19.2.1986. On that date, the Police recorded the statement of the prosecutrix also.

(3.) THE appellant was charged for the offence under Section 376 I.P.C and he claimed trial. During the trial, the prosecution has examined the following witnesses : PWI Dr. G.K. Kataria PW2 Patwari Rajbir Singh PW3 H.C Raghbir Singh PW4 Hukam Chand PW5 Prosecutrix PW6 Jai Kishan PW7 ASI Basti Ram PW8 S.I. Ram Kumar Out of these witnesses, PW -5 is the prosecutrix and PW6 is her husband. PW -1 is Dr. G.K. Kataria,who medico -legally examined the prosecutrix. PW -2 is the map drawer. PW -3 is H.C. Raghbir Singh, who has proved the complaint Ex. PD. PW -4 is Hukam Chand, who is a witness to the recovery of pieces of bangles from.the place of occurrence. PW -7 ASI Basti Ram is a witness who has recorded the F.I.R. and has carried out a part of the investigation. PW -8 is S.I. Ram Kumar, Investigating Officer. The defence has examined Balbir Singh, Sarpanch, as DW -1.