JIA LAL Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence imposed on the accused-appellant by the learned Additional Sessions Judge, Jagadhari in Sessions Case No. 36 of 1996 decided on 13.8.1997.

(2.) According to the complainant, when she went to the fields to dig grass on 25.3.1996 at about 11 a.m., a boy came to her back side and slapped her and put his hands on her eyes and thereafter embraced her and tied her Choti to sugarcane plant and thrust her scarf in her mouth and thereafter forcibly opened her salwar and after removing it committed rape on her. In the meantime, one Ram Sarup and Krishna Devi came there and on seeing them the boy ran away. Thereafter Ram Sarup and Krishna Devi dressed the prosecutrix. They did not disclose the incident to anyone out of shame, but they were searching for the boy. On 2.4.1996 at about 9 a.m. the boy was seen by the prosecutrix, Sunita Devi, Krishna Devi and Ram Sarup. Then they overpowered the boy and brought him to the Police Station, wherein the prosecutrix gave a statement to the Police on the basis of which a case was registered and after completion of the investigation, the accused was charge-sheeted.

(3.) On the basis of the material before him, the Additional Chief Judicial Magistrate committed the case to the Court of Sessions. The learned Additional Sessions Judge after committal framed a charge against the accused for the offence under Sec. 376 I.P.C. to which the accused pleaded not guilty.