SUBE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 12.08.1994, and the order of sentence dated 16.08.1994, rendered by the Court of Additional Sessions Judge, Rewari, vide which it convicted the accused (now appellant), for the offence, punishable under Section 376 of the Indian Penal Code (hereinafter called as 'the IPC' only) and sentenced him, to undergo rigorous imprisonment for a period of four years, and to pay a fine of Rs. 2000/-, in default of payment of fine to undergo further rigorous imprisonment for a period of six months.

(2.) THE facts in brief are that on 31.08.1992, the prosecutrix (the name is not being mentioned in view of the pronouncement of the Apex Court), aged about 11 years, and her brother aged 9 years, were alone in the house, situated in village Chandan was, as her parents had gone to village Pandupol to attend the fair. At about 11.00 PM on 31.08.1992, Sube Singh, accused, Sarpanch of the village, entered their house. At that time, the prosecutrix and her brother Dinesh were sleeping in the verandah of the house. The accused put his hand on the mouth of the prosecutrix and lay over her. He removed her underwear (Kachi) and committed rape with her. The prosecutrix raised alarm. After committing the rape the accused had started running from the house when Dinesh brother of the prosecutrix, woke up and saw him going away. The parents of the prosecutrix returned on the next day i.e. 01.09.1992 at about 12.00 noon. On seeing her parents the prosecutrix started weeping. Upon this, Ram Ratti, mother of the prosecutrix asked her as to what was the matter. The prosecutrix narrated the aforesaid version to her. The prosecutrix showed blood stained mattress (Gadela), her underwear (Kachi) and also her body to Ram Ratti, mother of the prosecutrix, also made enquiries from Dinesh, her son to confirm the occurrence. Thereafter, Ram Ratti, and her husband told about the occurrence to the members of their community. The members of the community had been assuring them that they would call the Sarpanch and make enquiries from him. But no action was taken against him. The prosecutrix then told her mother that if they did not take any action, against the accused, she would end her life. Upon this, Ram Ratti complainant mother of the prosecutrix called her brother Ram Kumar from his village and told him about the occurrence. Thereafter, the complainant along with her brother and her daughter went to the Police Station, Jatusana and lodged the first information report. The prosecutrix was got medico-legally examined from Dr. Bela Satija, Civil Hospital, Rewari on the basis of application Ex. PB moved by the Police. The sealed vials and trouser(salwar) of the prosecutrix, duly sealed into separate parcels were taken into possession vide recovery memo, Ex. PO. Underwear, which was worn by the prosecutrix, at the time of occurrence, a piece of the blood stained mattress on which the prosecutrix was sleeping , at the time of occurrence and undervest (Banyan) of the accused, which he had left in the house of the prosecutrix at the time of running away, after the occurrence were taken into possession by the Investigating Officer.

(3.) THE prosecution, in support of its case, examined Dr. Bela Satija, (PW-1), Dr. Kamal Mehra, Medical Officer, Government Hospital, Rewari, (PW-2), Ravinder Singh, Draftsman, (PW-3), Partap Singh, (PW-4), Suresh Kumar, Constable, (PW-5), Ram Ratti, complainant, (PW-6), prosecutrix (PW-7), Dinesh, brother of the prosecutrix, (PW-8), Raghbir Singh, Sub-Inspector (PW-9), and Kuljeet Singh, Assistant Sub-Inspector, (PW-10). The Public Prosecutor for the State tendered into evidence, affidavits of Kailash Chand, Constable and Rajinder Singh, Head Constable, Ex.PG and Ex. PR respectively as also the report Ex. PS of the Forensic Science Laboratory. Thereafter, he closed the prosecution evidence.