OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Omprakash was tried and convicted by the learned Sessions Judge, Kurukshetra for the offence under Section 376 of the Indian Penal Code in Sessions Case No. 50 of 1995 and was sentenced to undergo rigorous imprisonment for a period of seven years, besides a fine of Rs. 250/- and in default of payment of fine he was further ordered to undergo R. I. for one month. Being aggrieved by the said judgment of conviction and sentence, the appellant has filed this appeal.

(2.) The alleged incident took place on 22-10-1995 at 6. 00 p. m. at village Gangheri. The FIR was lodged on the same day by the prosecutrix. In the trial the following witnesses were examined. PW 1 Dr. P. K. Gupta,pw 2 Mukesh Kumar, draftsman,pw 3 MHC Nahar Singhpw 4 Constable Jasmer Singh,pw 5 HC Teg Singh,pw 6 Bimla Devi, Prosecutrix,pw 7 Bhima Ram,pw 8 Prita Ram,pw 9 SI Dilpazir Singh,pw 10 Dr. Madhu Sharma, andpw 11 Dr. K. K. Sharma. OUT of these witnesses, the direct evidence is that of PW6 Bimla Devi prosecutrix, PW7 Bhima Ram and PW8 Prita Ram.

(3.) Pw1 Dr. P. K. Gupta has deposed regarding the age of the prosecutrix. Dr. Madhu Sharma PW10 had medicolegally examined the prosecutrix and PW11 Dr. K. K. Sharma had medicolegally examined the appellant. PW 2 Mukesh Kumar is the Draftsman who had drawn the map. Rest of the witnesses are police officials.