OM PRAKASH Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted by the Additional Sessions Judge No. 1, Hanumangarh, by the judgment dated Aug. I, 198?, for committing rape with Maina Devi, a girl of 8 years.

(2.) The prosecution case, in brief, was that Maina Devi was residing with her materal-uncle Hari Ram at village Kulchander. She was a student of IVth Class. The School where she was studying was at a distance of 2 K.M. from the dhani of Hari Ram. On the date of occurrence, i.e. March, 12, 1986, she was on her way to school. It was about 9 30 a.m. A 'Khala lay on the way. As per the story of the girl, a boy was already there in that 'khala When the girl was crossing the 'Khala, that boy caught hold of her and forced her into the nearby Sarson- filed, threw her on the ground and committed rape with her. She cried but none came to her rescue He then left the place leaving her there. The girl returned to the dhani at 12 noon and narrated the incident to her maternal-uncle Hari Ram. Accompanied by the girl Hari Ram went to the police station Tibi, and lodged the First Information Report of the occurrence the same day at 5.30 p.m. In the report, neither the name nor any description of the name nor any description of the boy who committed the rape was mentioned. Rather it was stated that an un-known person had forcibly committed rape with Maina Devi. On this report a case under section 376, I.P.C. was registered and investigation started. Maina was medically examined on the same day at 5.45 p.m. The doctor opined that she was made a victim of rape. A site plan was drawn. No progress in the investigation was made till April 02, 1986 when the Station House Officer, arrested the accused. He was put for test-identification in a parade which was held on April 05, 1986. As per the prosecution he was correctly identified by Maina Devi. After completion of investigation, the police submitted a charge- sheet in the Court of Judicial Magistrate, First Class No. 1, Hanumangarh, who committed him to the Court of Sessions for trial. There accused was charged under section 376, I.P.C. His plea was recorded in which he pleaded not guilty and claimed to be tried.

(3.) The prosecution examined as many as 10 witnesses. PW1 Dr. Devi Lal has proved the condition of the girl after the incident. He has proved that rape was committed upon her. PW2, Maina Devi, is the victim herself. PW3, Hari Ram, maternal-uncle of the girl has proved the First Information Report lodged by him. PW 4 Om Prakash and PW 6, Abhey Pal are material witnesses to the prosecution. They have deposed that the accused had made an extrajudicial confession before them of having committed rape with the girl. PW 5, Ladhu Ram, PW 8 Jeetram and PW 9, Mohd. Idrish are formal witnesses. PW 7 Abdul Aziz was the Station House Officer who investigated the case. PW 10 Shri Kailash Meena Magistrate, conducted the test identification parade. The accused, in his statement recorded under section 313, Cr. P.C. denied the prosecution allegations and has said that he had been implicated falsely. No witness examined in defence