SURINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 13.11.1995 passed by the court of Additional Sessions Judge, Sonepat who convicted the appellant under section 376 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a period of two months.

(2.) THE brief facts of the case are that on 23.10.1994, Krishan Gopal son of Mohan Lal, resident of Panchsheel Colony, Milton Road, Sonepat and his brother Ashok Kumar were present on the Milton Road near bakery shop. Their house is also situated in the vicinity of that shop. They were busy in conversation with each other when they heard screams of a child coming from a room on the first floor of the bakery which was being occupied by Surinder accused Chhotu and Naushad for their residence. On hearing the screams, Krishan Gopal and his brother Ashok rushed towards the room from which the screams were coming through the stairs. On hearing the sound of their foot steps Surinder accused became panic stricken. They came across him in the stair case while he was rushing down stairs. Surinder accused gave a push to them and made good his escape when Krishan Gopal and Ashok went inside the room on the first floor of the bakery shop, they found Chetna seven months old daughter of Krishan Gopal lying on the cot with her underwear removed. She was bleeding from her private parts and wriggling with pain. The underwear and the bed-sheet spread on the cot were blood smeared. They picked up the child and took her to Civil Hospital, Sonepat where she was medically examined by the Doctor. After medical examination, the Doctor handed over two sealed envelopes, medico legal - report and the seal impression to Constable Angna Ram. Accompanied by Constable Angna Ram, they were going to the police post for lodging report when Sub Inspector Pritam Singh met them. Krishan Gopal made statement Ex.PA/1 to Sub Inspector Pritam Singh, wherein he narrated all these facts. He also told Sub Inspector Pritam Singh that his daughter had been raped by accused Surinder. S.I. Pritam Singh forwarded statement Ex.PA/1 with his endorsement Ex.PA/2 to the police station on the basis of which First Information Report No. 547 dated 23.10.1994 under section 376 I.P.C. was registered in Police Station City. Accused was arrested. On completion of the investigation, report under section 173 Cr.P.C. was prepared and forwarded to Chief Judicial Magistrate, Sonepat who supplied copies of the document to the accused as required under law and vide order dated 31.1.1995 committed the accused to the court of sessions to face trial. Vide orders dated 13.2.1995, the appellant was charge-sheeted under Section 376 I.P.C. The charge was read over and explained to the accused to which he pleaded not guilty and claimed trial.

(3.) STATEMENT of the accused was recorded under section 313 Cr,P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to him. Accused denied those circumstances and stated as follows :-