RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of Criminal Appeal No. 392-SB of 1998 Ramesh v. State of Haryana and Criminal Revision No. 882 of 1998 Smt. Lakshna v. State of Haryana and another as the appeal and revision have arisen from the judgment dated 30.4.1998 and order dated 2.5.1998 passed by the court of Additional Sessions Judge, Kaithal, who convicted the appellant Ramesh son of Ram Chander under Sections 376 and 506 I.P.C. and sentenced him to undergo R.I. for a period of seven years and to pay a fine of Rs. 2,000/-; in default of payment of fine to further undergo R.I. for one year, under Section 376 I.P.C. and to undergo R.I. for a period of one year under Section 506 I.P.C. The trial court further held that both the sentences shall run concurrently.

(2.) AS per the prosecution story, on 14.3.1995 at about 1.00 p.m. prosecutrix Smt. Lakshna wife of Krishna Kumar along with her mother-in-law Smt. Khajani Devi and father-in-law Shri Hawa Singh came to police station Sadar Kaithal and lodged report with SI Hukam Chand alleging forcible sexual intercourse with her by the appellant. It was stated by the prosecutrix that she was resident of village Jakholi and was married with Krishan Kumar son of Hawa Singh about nine years ago. She had a son aged 1-1/2 years. The fields of her father-in-law fall towards eastern side of the village beyond the fields of Ramesh appellant. On the date of occurrence i.e. 14.3.1995 at about noon time she along with her brother-in-law Vinod aged about 9/10 years took meals of her husband to the fields. Her husband was irrigating the fields. She was returning to her house along with her brother-in-law (Devar) Vinod and when they reached near the fields of Ramesh appellant, she found the appellant standing at Kacha Rasta. It was about 1.15 p.m. Ramesh appellant came closer to her and stopped her and then with bad intention he embraced and lifted her and put her in the nearby wheat crop field. He broke open the string of her Salwar. She tried to free herself and in that process her bangles were also broken. Despite her protest and efforts to get herself freed, Ramesh succeeded in putting his penis in her vagina. She kept on raising alarm. Her brother-in-law also raised alarm but none came to their rescue as nobody was present nearby. Then appellant left the place of occurrence after committing forcibly sexual intercourse with her and while leaving he threatened her and her brother-in-law not to disclose the fact to any one, failing which he would kill both of them. She narrated the entire occurrence to her mother-in-law Khajani Devi and father-in-law Hawa Singh on her return to the house. Panchayat was convened to settle the dispute and later on she had come to the police station in order to lodge the report.

(3.) ON 16.3.1995 Ajmer Singh, Ex-Sarpanch of the village produced the appellant before SI Hukam Chand at bus stand Jakholi. He was arrested and was medico- legally examined from Civil Hospital, Kaithal. The doctor took into possession the underwear of the appellant and a sealed parcel of the same was prepared. Finally on receipt of report of Chemical Examiner, appellant was challaned in the court of Area Magistrate under sections 376 and 506 I.P.C. The committing Magistrate supplied the copies of the documents to the appellant and vide commitment order dated 17.8.1995 committed the appellant to the court of Session.