- (1.) THIS appeal is directed against the judgment of conviction dated 5.6.1995, and the order of sentence dated 6.6.1995, rendered by the Court of Addl. Sessions Judge, Rewari, vide which it convicted the accused/appellant Rajender Singh, for the offence punishable under Sections 376 and 506 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of 7 years under Section 376 of IPC, and to pay a fine of Rs. 1000/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of 3 months. He was further sentenced to undergo imprisonment for six months for the offence punishable under Section 506 IPC. The substantive sentence was ordered to run concurrently.
(2.) THE facts, in brief, are that on 23.12.1993, at about 10.00 AM, the prosecutrix (her name was mentioned by the trial Court in its judgment, but is not being recorded in this judgment, in view of the law, laid down by the Apex Court and she is being referred to as prosecutrix) had gone to the fields, in the area of village Karawra-Manakpur, P.S. Jatusana for fetching Kasni fodder, and when she was returning to the village, at about 10.30 AM, with a bundle of kasni fodder, she was intercepted by Rajender, accused, in the fields of Dhan Singh S/o Chiranji Lal. Rajender accused emerged from the mustard crop fields, caught the prosecutrix by her hand, and pulled her, in the fields. He committed rape with her, by gagging her mouth with a piece of cloth. While committing rape with her, he also intimidated her, with death, in case she revealed this act to anybody. After committing rape, the accused disappeared, from the scene. He was seen running away by Ram Singh and Kumari Laxmi. The prosecutrix went crying to her mother, and narrated the entire incident to her. Since Dhan Singh, the father of the prosecutrix, was not in the village, on that day,the matter was not reported to the police. He was informed on his arrival, about the occurrence, in the village on 25.12.1993. Thereafter, the matter was reported to the police. The prosecutrix was got medico-legally examined. The accused was arrested. After the completion of investigation, the accused was challaned. On his appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Sections 376 and 506 of IPC, was framed against him, to which he pleaded not guilty and claimed trial.
(3.) THE prosecution, in support of its case, examined Dr. R.A. Gupta, (PW-1), who on 25.12.1993, medico-legally examined Rajender @ Tillu accused, and opined that there was no suggestive sign of his incapability of doing the act of intercourse i.e. Coitus. Dr. Saroj Mann, Medical Officer, Civil Hospital, Rewari (PW-3), who medico-legally examined the prosecutrix, aged about 15 years, found multiple abrasions, present on the lower jaw, and around the corner of mouth, on left side, and opined that the commission of rape, could not be ruled out. The prosecutrix, while appearing as (PW-4), deposed in terms of the prosecution case. Smt. Phool (PW-5), mother of the prosecutrix, stated that immediately after the occurrence, the prosecutrix came crying to her, and narrated her that the accused had committed rape with her, Dhan Singh (PW-6), father of the prosecutrix, deposed that when he returned to the village on 25.12.1995, he was told by his wife, that rape had been committed with the prosecutrix, their daughter, by the accused Laxmi (PW-7), did not support the case of the prosecution, Ram Singh (PW-8), saw accused Rajender coming out of the mustard crop fields, belonging to Dhan Singh, and running away, under suspicious circumstances, whereas, the prosecutrix also known as Bhateri while crying too emerged out of the same fields. Kamal Singh, Constable, appeared as (PW-9), whereas, Raghbir Singh, ASI, appeared as (PW-10), and Satbir Singh, SI, appeared as (PW-11), Parmanand, Sr. Assistant (PW-12), brought the original register, pertaining to the birth entries of village Karawra Manakpur, pertaining to the year 1978, and deposed that a girl in the name of Bhateri D/o Dhan Singh S/o Girdhari, was born, and her date of birth is recorded as 18.10.1978. The Addl. PP for the State, tendered into evidence affidavits Ex.PA and Ex.PB of Ravinder Singh, MHC, and Narain Singh, Constable, respectively. Thereafter, he closed the prosecution evidence.;