STATE OF HARYANA Vs. BALWAN

JUDGEMENT

(1.) This appeal by way of leave to appeal arises out of a judgment of acquittal dated 15.10.2007, passed by learned Sessions Judge, Bhiwani in Sessions Case No.50 of 9.10.2006 (Sessions trial No. 128 of 9.10.2006) under Sections 376/ 511,323 and 506 IPC.

(2.) The brief facts of prosecution case leading to filing of this appeal are that on 20.8.2006, prosecutrix Sudesh (PW3) had made an application (Ex. PC) before the S.H.O., P.S. Sadar, Bhiwani stating therein that she is married with Anil Kumar and has a small one year old daughter. She had gone to the fields with her niece for cutting grass. When she was engaged in cutting the grass, accused Balwan came from behind, grappled with her and tried to rape forcibly. When she resisted, the accused gave a fist blow on her lip, pressed her neck, and felled her on the ground. The prosecutrix then called her niece who rushed to the spot. Having seen her niece coming, the accused fled away from the spot while holding threat to the prosecutrix that if she told anything about this incident, then he would kill her. The prosecutrix then narrated the entire story to her husband and went to the police station being accompanied by him where they submitted an application (Ex. PC) making request for the registration of a case against the accused. Hence, a formal FIR (Ex. PC1) was registered at P.S. Sadar, Bhiwani against the accused-respondent under Sections 376/511, 323 and 506 IPC, by SI Bani Singh (PW5). The prosecutrix was then sent to General Hospital, Bhiwani for medico-legal examination alongwith application (Ex. PD), where she was medically examined by Dr. Naresh Kumar Garg (PW6) vide MLR (Ex. PG). SI Bani Singh (PW5) went to the spot and prepared a rough site plan of the scene of occurrence (Ex. PE), and also got it photographed. He also collected the Sickle (Ex. P10), a pair of slippers (Ex. P11), some damaged crop of Bajra and grass (Ex. P12), and a plastic chaddar (sheet) (Ex.P9), and took them into possession vide recovery memo (Ex. PF). The accused was arrested on 24.8.2006 and was put to medico-legal examination in General Hospital, Bhiwani. Dr. Gianender Singh (PW1) examined the accused vide MLR (Ex. PA), and noticed as under:

(3.) Investigating officer SI Bani Singh (PW5) during the course of investigation, recorded the statements of witnesses, got prepared a scaled site plan (Ex.) and after the completion of investigation, presented a challan in the Court of competent jurisdiction against the accused-respondent. Accused Balwan was charged-sheeted by learned Sessions Judge, Bhiwani under Sections 376, 511, 323 and 506 IPC, to which he pleaded not guilty and claimed trial. The prosecution examined as many as six witnesses, namely Dr. Gianender Singh (PW1) who medico-legally examined the accused; Photographer Ajit Singh (PW2), Prosecutrix Sudesh Kumari (PW3), Eye-witness Monika (PW4), Investigating Officer SI Bani Singh (PW5) and Dr. Naresh Kumar Garg (PW6) who medico-legally examined the prosecutrix.