SOM NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment dated 16.8.1997 and order dated 21.8.1997 passed by Additional Sessions Judge, Hissar, who convicted the appellant Som Nath under Sec. 376,323 and 506 Penal Code and passed die following sentences:- <FRM>JUDGEMENT_173_LAWS(P&H)9_1998(1).html</FRM>

(2.) The brief facts of the case are that on 20.9.1996 Babli daughter of Sint. Dharmo Bai along with Sato Bai (sister of Dharmo Bai, prosecutrix) had gone to pick cotton in the filed of Balbir Singh. At about 2.00 p.m. Dharmo Bai started from her house for the field of Balbir Singh in order to serve food and tea to Babli and Sato Bai and when she reached near the field of Radha Kishan, accused Som Nath came out of the cotton crop and he caught hold of the right hand of Dharmo Bai and dragged her inside the cotton crop. Thereafter he untied the knot of the string of her Salwar and removed the Salwar and the underwear. Then he committed sexual intercourse with her forcibly and against her wishes. Babli daughter of the prosecutrix came there and found that the accused was lying on her mother with his knees on her breast She pulled Som Nath from hairs but to no effect. Thereafter she picked up a cotton stick and started giving beating to him with the stick but ail in vain. Then Babli raised alarm which attracted Sate. In the meantime, Som Nath ran away from the spot and while going he threatened that if Dharmo Bai told this incident to any one, he will kill her. Smt. Dharmo Bai along with her daughter Babli and sister Sato Bai started for her house. In the way she meet Pritam Singh and narrated the above said incident to him.

(3.) Smt. Dharmo Bai went to the police station at about 5.00 p.m. after waiting for her husband and reported the matter to the police. However, she did not disclose in her statement Ex.PA made on 20.9.1996 that she was raped by the accused. She simply stated that Som Nath attempted to commit rape upon her and he also gave her beating. On the basis of the statement Ex.PA a case under Sec. 376 Penal Code read with Sec. 511 Penal Code was registered. The Investigating Officer went to the spot and prepared rough site plan; picked up the broken pieces of bangles and took them into possession; prepared recovery memo to this effect; recorded the statements of the witnesses and then he sent the prosecutrix for medical check up the medical officer after examining the prosecutrix gave two parcels to the police official who accompanied Dharmo Bai. One parcel contained Salwar and underwear and the other contained slides of swabas and public hairs. Madan lal handed over these parcels to the Investigating Officer, who took them into possession vide recovery memo Ex.PE.