YASEEN Vs. STATE

JUDGEMENT

(1.) The appellant was tried for commission of an offence under Section 376-RPC and was convicted and sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs. 1000/- and in default of payment of fine the accused has been directed to undergo further rigorous imprisonment for a period of six months, by the Court of learned Sessions Judge Rajouri vide his judgment dated 27-3-1991.

(2.) The story of the prosecution briefly stated is that on 5-9-1985 the prosecutrix (Whose name is purposely being withheld) aged nine years was grazing her cattle in the forest. The accused-appellant came to her and inquired about her brother Mohd. Iqbal. She told him that he had gone for cutting the grass. The appellant on finding her alone caught and laid her on the ground and committed forcible sexual intercourse on her. Due to forcible intercourse, blood started oozing out from her vagina and she became unconscious. The father of the pros-ecutrix, P.W. Munshi Khan, had gone to the watermill where one Babu met him and he told him that in the grazing field the accused had raped her daughter. On hearing this he left for this grazing field. On his way he was joined by Mohd. Amin, Khazir and Alla Ditta. When he reached the spot he found her daughter lying unconscious in a pool of blood. He took her to his house and then on the next day he lodged the report, ExP.W. 1 before SSP Rajouri who forwarded the same to SHO concerned. On his application FIR was registered. The prosecutrix was taken to Rajouri hospital from where she was referred to Nowshera hospital and from there to a hospital at Jammu as no lady doctor was available at Rajouri and Nowshera hospitals. After 4/5 days the prosecutrix regained her consciousness and then disclosed the occurrence to her father. She remained in the hospital for 10/12 days.

(3.) During investigation police recorded the statements of the prosecution witnesses under Section 161, Cr.P.C, including that of the prosecutrix. Bloodstained earth, shalwar and stone were seized. The pant of the accused was also seized. After completing other formalities a charge sheet against the accused was filed before the Court of C.J.M. Rajouri who committed the same for trial to the Court of Session.