STATE OF HARYANA Vs. DILAWAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment, dated 2-6-2000, tendered by the Court of Additional sessions Judge, Panipat, vide which, it acquitted the accused (now respondent ).

(2.) THE facts, in brief, are that the prosecutrix (name not being disclosed) aged about 25 years, and wife of Satbir, was married to him about 10 years earlier to 22-9-98. The husband of the prosecutrix was plying a tractor at Panipat, on hire basis. On 22-9-98, at about 1. 30 p. m. , the prosecutrix was returning to her house, with fodder, having been brought by her from the fields, and when she reached near the tube-well of the accused at about 4. 00 p. m. , he was found taking bath there. The accused asked the prosecutrix to oblige him. Upon this, the prosecutrix asked Dilawar, as to what he wanted from her. Dilawar, asked her to satisfy him. The prosecutrix then showed her slipper to Dilawar, accused. Dilawar, accused, then removed the bundle of fodder, from the head of the prosecutrix, and gagged her mouth. He dragged her to the tube-well room and tried to commit rape with her. In that process, the jumper of the prosecutrix was torn. Even string of her salwar, was opened by the accused. The prosecutrix did not allow the accused to commit rape with her. Thereafter, accused dilawar, closed the door of the room, and bolted the same from outside. After sometime Dilawar, accused, again opened the door of the tube-well and entered the tube-well room. He again tried to commit rape with the prosecutrix. The prosecutrix raised alarm, but since no person was there, none came to her rescue. The prosecutrix begged pardon from the accused, with folded hands, and assured him, that she will not disclose the incident to anybody. Thereafter, she was allowed to go along with the bundle of fodder. The accused threatened the prosecutrix that she would be killed, in case, the incident was disclosed by her to anybody.

(3.) THE husband of the prosecutrix came to the house. She narrated the whole incident to him. The prosecutrix along with her husband Satbir, and his father Rameshwar, came to the Police Station, to narrate the whole incident to the Police. On the basis of such narration, the statement of the prosecutrix was recorded, which formed the basis of first information report.