SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant in this case was tried for the offence under Section 376 of the Indian Penal Code by the learned Additional Sessions. fudge, Faridabad and on conclusion of the trial, he was found guilty of the offence and was convicted for the same, and sentenced to undergo regorous imprisonment for three years.

(2.) The case of the prosecution is that the prosecutrix is resident of village Machhgarh and she resides with her parents in Radha Nagar, Ballabgarh. Her grandmother Har Kaur and grandfather Sohan Lal also live in village Machhgarh. The occurrence took place on 22.2.1987 and 6/7 days prior to the occurrence, her father's sister Satyawati took her to the house of her grandfather and grandmother in their village. Her grandfather had settled talks for her matrimonial relations. On that day, at about 7.30 p.m., the prosecutrix had, one all alone behind her house to answer the call of nature and when she was about to answer the call of nature, the appellant came there. She felt shy and stood up without answering the call of nature. The appellant caught hold of her from her right hand and started forcibly dragging, her into the adjoining wheat field of Nepal jat. She began raising cries but the appellant kept his hand on her mouth. He forcibly dragged her into the wheat field, threw her on the ground and broke the string of her salwar. He took of her underwear and then he removed his own clothes and committed sexual intercourse with her. She felt acute pain and raised hue and cry and on hearing the noise, her uncle Babu Lal, Om Parkash son of Sohan Lal came there. The appellant thereafter ran towards the fields. However, while running, he threatened her that in case she disclosed this matter to any one, she would be killed. Since she was thrown down, her salwar and underwear got green stains. She went to her house weeping and narrated the incident to her grandmother Har Kaur and aunt Satto.

(3.) On the same date at 11.30 p.m. A.S.I. Duni Chand recorded the statement of the prosecutrix. She was sent for medical examination to Civil Hospital, Ballabhgarh, but since the lady Medical Officer was on leave on that day, the prosecutrix was examined on 23 2.1987.