SARDARA Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Sardara, who was convicted for an offence under Section 376 I. P.C and sentenced to five years' rigorous imprisonment belong to the same village as does the prosecutrix Smt. Bala though to two different communities.

(2.) THE prosecution case, in brief, is that on 1.4 1976 at about 1 P. M , the prosecutrix was passing in front of the house of the accused on her way to the house of one Pala to have a look at his bride. The accused is said to have told the prosecutrix that his mother wanted to see her. When she wanted to first go to the house of Pala, he Insisted that his mother wanted to meet her urgently. She went to the house of the accused being followed by him. On entering the courtyard, she found none there. The accused then suddenly took her into his grip and took her inside the kotha and shut the door thereof. He hurriedly removed the bell -bottom worn by the prosecutrix. In that effort, string of the bell bottom was broken and the bell -bottom was also torn. After removing the bell bottom from the person of the prosecutrix the accused also removed his own Kachha and became naked. Despite the struggle put up by the prosecutrix, the accused had the carnal knowledge of her. The cries and noise raised by the prosecutrix is said to have attracted to the house Mansa Ram PW9 and and Ratti Ram PW 10, Mansa Ram PW pushed open the door and saw the accused lying upon the prosecutrix. On seeing him the accused pick -ed up his kachha and rushed out of the house. The prosecutrix put her bell -bottom and narrated the occurrence to him. She was taken to her house where in the presence of her mother and grandfather she again nar rated the occurrence to Mansa Ram and Ratti Ram P. Ws. the matter thereafter was reported to the repectables of the village and a word was also sent to Goverdhan, real uncle of the girl, who resided at Karnal. Goverdhan reached the village at about 7 P.M. that very evening. He brought the girl to Karnal, the next day, that is, on 2nd April 1976. He consulted Shri K. L. Khanna, advocate, Karnal, and got application, Exhibit P.W., written by him which was presented to Shri S. S. Dahiya, Judicial Magistrate, First Class, Karnal. In pursuance of the order so passed by the Judicial Magistrate, the girl was medically examined at 6.45 p.m that day in civil hospital at Karnal by Dr Subita Adwani P W I After having medico legal report, Goverdhan accompanied by the prosecutrix went to Police Station, Gharaunda, on 3rd April 1976 and lodged the F.I.R, there at 10 a.m.

(3.) THE accused was examined by Dr. Prem Kumar P W, 2 on 7th April 1976 at 3.45 p m., who opined him fit for sexual intercourse.