PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises from the judgment/ order dated 6-6-2009, 7/11-6-2007 passed by Ms. Bimlesh Tanwar, Additional Sessions Judge, Hisar, whereby she convicted the accused under Section 376/511 IPC and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one month.

(2.) THE prosecution story is epitomized as under At the very outset, it is mentioned that the name of the prosecutrix is not being written, in view of the judgments of the Hon'ble Supreme Court. Dr. Kiran, Principal Government Girls College Hisar filed application Exhibit PA, in which she alleged that one girl of that college had come to the college to take admission form for B. A. IIIrd year. When she was returning back and reached about one acre away from gate No. 2 of Guru Jambeshwar University, one person who was coming behind her dragged her to the bushes to forcibly commit rape on her. She raised an alarm. On hearing, the noise, Hari Singh son of Banwari Lal, Jagdish son of Sukh Ram, Raju son of Subhash and Pritam son of Mohan Lal rushed to the spot and saw that one person was trying to rape the girl who, on seeing them, ran away from there after scaling over the wall of GJU. THEy chased him and the accused was apprehended by aforesaid persons. THE prosecutrix told her that Pawan Kumar had made an attempt to rape her.

(3.) IN order to prove its case, the prosecution examined PW-1 Dr. Kiran, PW-2 Monika, PW-3 Daya Nand, PW-4 Raju Draftsman, PW-5 Pritam, PW-6 Amar Singh, PW-7 Rakesh Kumar, PW-8 ASI Ran Singh, PW-9 Constable Ram Mehar Singh, PW-10 Dr. B. S. Khatri and PW-11 Raju.