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1979 Supreme(SC) 389

V.R.KRISHNA IYER, P.N.SHINGHAL
Phul Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates:
HARBANS SINGH MARVAH, R.N.SACH

JUDGMENT

KRISHNA IYER, J.:— A philanderer of 22, appellant Phul Singh, overpowered by sex stress in excess, hoisted himself into his cousins house next door, and in broad day-light, over-powered the temptingly lonely prosecutrix of twenty-four, Pushpa, raped her in hurried heat and made an urgent exist having fulfilled his erotic sorti. The screaming victim complained to her mother working in the field; thereafter a first information, prosecution and conviction ensued, a sentence of 4 years R.I. was imposed by the Sessions Court, and the High Court affirmed it in appeal. The broad facts bearing on the instant act of carnal assault look too probable for pettifogging legalistics about poor corroboration, consent and false implication to devalue their credibility. The culpability is beyond doubt and we uphold the conviction.

2. Ordinarily, rape is violation, with violence, of the private person of a woman - an outrage by all canons. In our conditions of escalating sex brutality a 4 - years term for rape is not excessive. But here the offender is in his early twenties and signs of repentance are seen. The victim and her parents have forgiven the molester who is a first cousin, says coun










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