DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant stood charged and convicted for the offence punishable under Ss. 376, 452 and 506 of Indian Penal Code 1860, (hereinafter referred to as IPC) by the Additional Sessions Judge (Adhoc), Fast Track Court, Amritsar, which was confirmed by the High Court of Punjab & Haryana in Criminal Appeal No. S.1106 SB of 2003. Seeking to overturn the aforesaid decisions, the present appeal is filed.

(2.) As per the prosecution version, the appellant came to the residence of the prosecutrix and committed the offence punishable under Sec. 376 IPC, brandishing a knife. The brother of the victim namely Pargat Singh came home and upon seeing him, the appellant took to his heels. On returning home, PW4, the father of the prosecutrix, filed a complaint for quarrel alone as he felt that the dignity of his daughter, PW6 was at stake.

(3.) After the aforesaid occurrence dtd. 15/3/2000, the appellant along with the few other co-accused persons went to the residence of the uncle of the prosecutrix wherein she was temporarily staying anticipating trouble, and exerted threats. Accordingly, a complaint was lodged on 13/4/2000 in FIR No.60/2000 under Ss. 376, 452, 506 IPC.