KAILA ALIAS KAILI Vs. STATE OF HAYRANA

JUDGEMENT

(1.) The appellant was convicted for the offence under section 376, Indian Penal Code, and sentenced to five years rigorous imprisonment by the learned Sessions Judge, Sirsa. He has challenged his conviction and sentence by way of this appeal.

(2.) The prosecution case as set up at the trial was that on 13th February, 1982, Smt. Surjit Kaur (P.W. 3) started for Kalanwali from her village at about 12.00 noon. She was carrying a small quantity of cotton for being ginned. When she reached near the Water Works of Mandi Kalanwali at about 1.00 p.m, the appellant came there on a bicycle from behind and passed ahead of her. When Smt. Surjit Kaur reached near the Water Works, the appellant was standing there. He caught hold of her forcibly and pulled her in the bushes and then committed sexual intercourse with her forcibly against her will thereafter made good his escape. After the occurrence, Smt. Surjit Kaur PW came to her house. She called her husband from the field and narrated the occurrence to him. Her husband then went to village Raghuana and called his elder brother Sarup Singh. The matter was reported to the police by Smt. Surjit Kaur (P.W.3) at Police Station Kalanwali. Her statement Ex. PC was recorded by A.S.I. Badri Parshad (P.W.9) on the same day, on the basis of which First Information Report was recorded.

(3.) Dr. (Mrs.) Usha Sethi (P.W.1) medicolegally examined Smt. Surjit Kaur (P.W.3) on 13th February, 1982 at 11.20 P.M. Her report is as follows: There was no mark of injury anywhere on her body. Some of her pubic hair were metted with blood. There was no foreign body. There was no mark of injury on the labia majora or labia minora. Vaginal orifice admitted two fingers easily. Her salwar had some fresh blood stains. A.S.I. Badri Parshad (P.W.9) visited the spot on 14th February, 1982 and prepared rough site plan Ex.PK with correct marginal notes. He took into possession pieces of broken bangles Exs.P.3 to P.6 from the spot vide memo Ex. PH attested by Kulwant Singh (P.W.6) and Jagroop Singh.