- (1.) The present appeal has been filed by Shiv Charan against the judgment dated 21.09.2005 passed by the Addl. Sessions Judge, Kurukshetra whereby the appellant has been held guilty and convicted for offence under Section 376 of the Indian Penal Code (for short "the IPC"). The appellant has been sentenced to undergo rigorous imprisonment for life. A fine of Rs.2,000/- has been imposed and in default of payment of which, he would further undergo simple imprisonment for two months.
(2.) The brief story is that FIR No.237 dated 08.10.2004 (Ex.PA/1) was registered on the statement of Amir Ali Miyan of even date (Ex.PA) father of the ten month old infant victim (for short "prosecutrix") against Shiv Charan, s/o Hanuman aged about 50 years for having committed rape on his infant daughter. Both Amir Ali Miyan and the appellant were working as labourers under the same contractor in a building under construction adjoining the Law Department, Kurukshetra University, Kurukshetra. It is stated in the statement (Ex.PA) that Shiv Charan was working as a mason and was a colleague of the complainant, working as labourer at the construction site. Shiv Charan used to play with his daughter and would carry her in his arms. On 08.10.2004 at about 3 PM the complainant, his son-in-law Rafik and complainant's wife Sajida Bibi were stated to be sitting on the floor in the Eastern side porch of the Law Department building. The infant prosecutrix was also in the porch nearby.
(3.) In the meantime, Shiv Charan mason came and picked up the daughter in his arms and carried her towards the Southern side of the Law Department building with intention to play with her as usual. After a while, the complainant and his family heard the cries of the prosecutrix upon which the company proceeded in the direction of the daughter and discovered Shiv Charan committing rape upon the infant after laying her down naked on the floor. On seeing the complainant party, Shiv Charan fled leaving the infant weaping loudly with blood coming out from the genital parts. The complainant with his wife and son-in-law brought the infant to the L.N.J.P. Hospital in Kurukshetra where she was admitted. On his way to the hospital, the complainant's statement was recorded with the police at the Police Post/2 nd gate of the Kurukshetra University. The statement was recorded by ASI Om Pal, Incharge, Police Post, 3 rd Gate on 08.10.2004 at 7.30 PM. FIR under Section 376(f) IPC was registered and special report was immediately dispatched as required by law to the Illaqa Magistrate, Kurukshetra, Superintendent of Police, Kurukshetra and Deputy Superintendent of Police (Head Quarters), Kurukshetra through Constable Gurnam Singh No.326.;