LAWS(P&H)-1989-11-126

HAWA SINGH Vs. STATE OF HARYANA

Decided On November 17, 1989
HAWA SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Hawa Singh appellant was convicted under Section 376 of the Indian Penal Code and sentenced to rigorous imprisonment for ten years, by the learned Additional Sessions Judge, Karnal, vide his order dated 1.2.1986. Feeling aggrieved, he has filed this appeal.

(2.) The prosecution case in brief is that on 16.9.1985, Ramesh Chander and his younger brother Satbir P.Ws had gone to their fields to do agricultural work. Bala Devi prosecutrix, wife of Ramesh Chander brought the mid day meals for them. Satbir and Ramesh Chander started taking their meals. Bala Devi went to the nearby tubewell of Dharma for washing the clothes, which is at distance of about one Killa from the tubewell of Ramesh Chander. The fields of Hawa Singh appellant also adjoin the fields of the complainant. Ramesh Chander and Satbir after taking their meals started working in the fields. At about 3.30 P.M. on that day, they heard the cries being raised by Bala Devi from the tubewell side. They ran towards the tubewell of Dharma and saw Hawa Singh appellant running away from the tubewell Kotha towards his fields. He was having a Chadra in his hand. They found that in the tubewell Kotha Bala Devi was weeping with her Salwar in her hands. She told Ramesh and Satbir that while she was washing the clothes on the tubewell of Dharma, Hawa Singh accused came and picked her up forcibly inside the Kotha and committed rape on her. The matter was reported to the police. A case was registered and investigated. Thereafter, the appellant was tried, convicted and sentenced as mentioned in the earlier part of the judgment.

(3.) The prosecution in support of its case examined Lady Dr. Sunita Midha, Medical Officer, General Hospital, Karnal as P.W. 1. She had medico legally examined Bala prosecutrix on 17.9.1985 at 7.40 P.M. She found the following injuries on her person :-