B.S.YADAV, J. - (1.) THE petitioner Jai Singh was convicted under section 377 of the Indian Penal Code by learned Additional Chief Judicial Magistrate, Kurukshetra, and sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 500/-. It was also ordered that in default of payment of fine he would further undergo rigorous imprisonment for 6 months.
(2.) THE petitioner filed an appeal which was heard by learned Additional Sessions Judge, Kurukshetra. He maintained the conviction of the petitioner but considering the fact that he was aged about 18 years on the date of the commission of the crime, his sentence of rigorous imprisonment was reduced to 1 year. The sentence of fine was maintained. The petitioner has now come to this Court in revision. It is not necessary to give the prosecution story in detail. Suffice it to say that on 30th May, 1977. P.W.5 Virender Kumar aged about 10 years had gone to the fields with his grandfather P.W.4 Panch Ram and his uncle P.W. 7 Hakam SIngh. Virender Kumar was left to guard the paddy seedling while Panch Ram and Hakam Singh proceeded towards the tubewell. At about 5 P.M. Panch Ram and Hakam SIngh heard cries emanating from the sugar cane field on the dual of which Virender Kumar had been left. Hakam Singh and Panch Ram ran towards that field and saw that the petitioner Jai Singh alias Mahla was committing sodomy with Virender Kumar in that sugarcane field. On seeing these witnesses, the accused ran away. Virender Kumar was brought to the house. Panch Ram left for Police Station, Thanesar. However, in the way P.W. 10 A.S.I. Labh Singh, who in those days was posted as Head Constable in that Police Station, met him. Panch Ram made his statement, Exhibit PC, before that Police Officer, A.S.I. Labh Singh sent that statement to the Police Station, Thanesar, and on its basis First Information Report, Exhibit PC/1, was recorded. A.S.I. Labh Singh took up the investigation.
(3.) P .W. 1 Dr. S.K. Gupta, while he was posted in B.N.C. Hospital, Kurukshetra, medically examined Virender Kumar on 31st May, 1977 at 12.15 P.M. and found the following injuries on his person :- "1. The anal orfice was loose and small amount of faecal matter was coming out. Small multiple abrasions were present all around the anal orfice. A swab was taken from the anal orfice for evidence of spermatozoa and was handed over to the police constable for analysis at Karnal. Bleeding was present from the abrasions. 2. Contusion 1" x 3/4" on the left side of face, reddish in colour". In the estimation of the said doctor the probable duration of the injuries found on the person of Virender Kumar was within 24 hours. Exhibit P.W. 1/A is the medical certificate prepared by him in relation to Virender Kumar. After necessary investigation the accused was charge-sheeted. ;