T.P.S.MANN,J - (1.) VIDE judgment and order dated 10.10.1992, learned Additional Sessions Judge, Jind convicted and sentenced the appellant as under :- Offence Sentence of imprisonment Sentence of fine Sentence in default of payment of fine S. 376 IPC RI for Seven Years Rs. 250/- RI for Three months S. 452 IPC RI for Three Years Rs. 150/- RI for Two months S. 506 IPC RI for Six months - -
(2.) ALL the sentences of imprisonment were ordered to run concurrently. Against the aforementioned judgment of conviction and sentence, the present appeal has been preferred by the appellant.
(3.) AS per the case of the prosecution, the prosecutrix, who was a married lady and aged 21/22 years was present alone in her house and lying on a cot on 4.4.1992. Her husband had already left for serving food to his father at about 7.30 p.m. The accused entered her house and bolted the door from inside. He came near the cot of the prosecutrix and laid himself on her. He placed his left hand on her mouth. He forcibly broke open the string of her salwar and threatened her that in case, she raised alarm, he would kill her. She offered resistance. The accused gave teeth bites on both the sides of her face and on her nose. The accused then committed rape upon her. In the struggle she suffered bruises on her right elbow. The accused tore her shirt and salwar. When she raised an alarm, her jethani and her husband reached the spot. They tried to open the door. However, the accused opened the bolt of the door and ran away from the spot. The prosecutrix narrated the entire incident to her husband and her jethani. On account of it being night time, she could not leave the house for lodging the report. Next morning, the villagers asked them to settle the matter, but they did not get any justice. Thereafter, she along with her husband proceeded towards the Police Station when they came across the police at Bus Stand of village Naguran. Her statement Ex. PD was recorded by Inspector Daya Kishan Bhardwaj, SHO on 5.4.1992 at 6.00 p.m., on the basis of which FIR Ex. PD/2 was recorded at Police Station, Alewa on the same day at 6.30 p.m.;