H.S.BHALLA,J - (1.) THIS appeal is directed against the judgment dated 14/15.7.1992 passed by Additional Sessions Judge, Hisar, whereby he convicted the appellant under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and was ordered to pay a fine of Rs. 2,000/-, in default thereof, he was directed to further undergo rigorous imprisonment for a period of six months.
(2.) FACTUAL matrix leading to the conviction of the appellant is as follows :- On 19.2.1991 at about 3.00 p.m. prosecutrix daughter of Daya Nand resident of Budana, aged 12-13 years, was working in the fields in the area of village Budana, whereas her father Daya Nand was also working at the brick- kiln of Subhash Chander situated in the area of village Budana at a distance of two killas from the place where prosecutrix was cutting barsin crop. Prior to cutting the barsin crop, prosecutrix had taken the meals of her father at about 12.00 p.m. who was working at the brick-kiln and after serving the meals, prosecutrix started cutting barsin crop in the field and at about 3.00 p.m. accused Suresh found prosecutrix all alone in the field and took prosecutrix in his arms and forcibly put her on the ground and placed his hand on her mouth and also gave a mouth bite on the left cheek of prosecutrix and he opended the nala of the salwar of prosecutrix with his second hand and thereafter forcibly performed sexual intercourse with prosecutrix without her consent, prosecutrix raised an alarm, which attracted her father Daya Nand, who was working at the nearby Bhatta and when her father reached near the place of occurrence, accused ran away towards the village on seeing Daya Nand coming to the spot. Daya Nand brought prosecutrix to the Police Station Narnond, where on the statement of prosecutrix, present FIR, Ex. PL, was registered by SI Sher Singh. Investigation started. The prosecutrix was taken to Civil Hospital, Hansi, where she was medico-legally examined. The Investigating Officer prepared rough site plan, recorded the statement of Daya Nand under Section 161 of the Code of Criminal Procedure. Subsequently, accused was arrested and he was got medico-legally examined. On completion of necessary formalities, accused was challaned under Sections 376/354 of the Indian Penal Code and sent up for trial. Accused was charge-sheeted under Section 376 of the Indian Penal Code, to which he did not plead guilty and claimed trial.
(3.) PROSECUTION , in order to prove its case, examined 11 witnesses, namely, Shri O.P. Verma, JMIC, Hansi (PW-1), Shivdhan Singh, Sub-Inspector (PW-2), Suresh Kumar (PW-3), Baldev Stastical Assistant (PW-4), Rajinder Singh (PW-5), Sher Singh, Sub-Inspector/SHO (PW-6), Prosecutrix (PW-7), Daya Nand (PW-8), Dr. R.K. Nandal (PW-9), Dr. Urmil (PW-10) and Om Parkash, Assistant Sub- Inspector (PW-11) and closed its evidence.;