KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgement of conviction, dated 07.09.96, and the order of sentence, dated 09.09.96, rendered by the Court of Additional Sessions Judge, Faridabad, vide which, it convicted the accused (now appellant), and sentenced him, as under :- Name the accused (now appellant) Offence for which convicted Sentence awarded 1 2 3 Kishan Under Section 376 of the Indian Penal Code. To undergo rigorous imprisonment for a period of six years

(2.) THE facts, in brief, are that, Udi Ram Jatav, was running a small grocery shop at village Nangla Lohagarh. On 03.10.95, he had gone away, to purchase goods for the shop. On that day, at about 9.30 PM, his wife i.e. the complainant, had gone out of her house, to answer the call of nature, near the wall of Periwal Rice Mill, situated on the outskirts of the village. Accused Kishan, emerged there, all of a sudden. He caught hold the complainant of her hand. When she resisted, the accused put his hand, on her mouth, and took her near the stacks of bricks at a distance of 15-20 yards. There, he lay her on the ground, forcibly broke the waist string (nara) of her trousers (salwar) and committed sexual intercourse with her, against her will. When the complainant raised alarm, Itbari son of Gopi and Khem Chand son of Samanta, prosecution witnesses, were seen coming towards that side. By that time, the accused after having committed rape upon the complainant, fled therefrom. The aforesaid prosecution witnesses, saw the accused fleeing therrefrom.

(3.) DURING the course of investigation, the complainant, was got medico-legally examined. The Medical Officer, who conducted her medico-legal examination, vide report PB/1, opined that the possibility of sexual intercourse with the complainant could not be ruled out. The Investigating Officer Assistant Sub Inspector Manphool Singh, inspected the place of occurrence, and prepared the rough site plan PJ. On the basis of the site plan, scaled site plan PF, was prepared. The underwear of the complainant, was taken into possession, vide recovery memo PC. Besides this, two vials, containing vaginal swabs, one vial, containing pubic hair, sample of the seal used, and salwar of the complainant, were also taken into possession, from the Medical Officer, who had conducted the medico-legal examination, vide recovery memo PH. The samples, so taken, into possession, were transmitted to the Forensic Science Laboratory, Haryana Madhuban, for analysis. The accused was arrested. He was also got medico- legally examined. The Medical Officer, who had conducted his medico-legal examination, vide his report PA, opined that there was nothing to suggest that the accused was not capable of doing sexual intercourse. The statements of the witnesses were recorded. After the completion of investigation, the accused, was challaned.