SON PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sonpal has filed the present criminal appeal and it has been directed against the judgment dated 13.6.1997 and order dated 14.6.1997 passed by Additional Sessions Judge, Faridabad, who convicted the appellant under Sections 376/511, 342 and 506 of the Indian Penal Code and sentenced him as follows :

(2.) The brief facts of the case are that on 29.12.1995 at about 4.30 p.m. Savitri daughter of Chunni Lal, Savitri daughter of Lallu Ram and Meera daugher of Radha Charan were present in connection with plucking of vegetable in the field of Damodar. The appellant was present in a garden and he asked the three girls to take guavas from the garden. Accordingly all the three girls went inside the garden. The appellant then tied all the three girls with a tree and he allegedly raped all the three girls one after the other. He did not allow any of the girls to raise any voice by extending threat to their lives. At about 11.00 p.m. all the three girls were allowed to go to their homes and then they narrated the incident to their parents/guardians. Initially, the matter was reported to the panchayat but it failed to take any action against the accused. Then the matter was reported to the police by Lallu Ram whose statement was recorded by Ram Niwas SI, on the basis of which the present case was registered. The said Thanedar took up the investigation of this case. All the three girls were got medically examined. Swabs of the girls were taken and site plan was also prepared. On medical examination the ages of the girls was found between 10 to 14 years. Swabs were sent to the office of Chemical Examiner, who submitted the report finding no semen on the swabs. The accused was arrested. He was also got medically examined and was found fit to perform sexual intercourse.

(3.) After the completion of investigation of the case, appellant was challaned in the Court of Area Magistrate under Sections 376, 342 and 506 I.P.C., who supplied the copies of the documents to the appellant and vide commitment order dated 19.4.1996 committed the appellant to the Court of Session.