JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Four persons were tried by the learned Addl. Sessions Judge, Ludhiana, principally for offences punishable under Sections 376 and 366 of the Indian Penal Code (IPC). All of them were convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- under Section 376, IPC and to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/- each under Section 366, IPC. All the substantive sentences of imprisonment were directed to run concurrently. By the impugned judgment, the High Court of Punjab and Haryana confirmed the conviction and sentence.

(2.) These appeals are preferred by three of the accused, namely, Kuldip Singh, Major Singh alias Maiji and Jaswant Singh. The occurrence took place on the night intervening 25th/26th June, 1989 in a village called Talwandi Rai. The prosecutrix was sleeping in the courtyard of her house. Her adopted parents were also sleeping in the said courtyard. The prosecutrix around 11 p.m. got up to answer the call of nature and at that time all the appellants barged into the courtyard and gagged her mouth all of a sudden making her totally helpless and immobile. Kuldip Singh alias Rana pointed a pistol at her and then all the accused bodily lifted her to the house of Jaswant Singh. She could not raise hue and cry as she was in panic. Major Singh alias Maiji and Charan Singh forcibly thrown the prosecutrix on a cot. Kuldip Singh alias Rana removed her clothes forcibly and committed sexual intercourse with her against her will and consent and thereafter, the rest of the accused had also committed rape on her. Thereafter, the prosecutrix was allowed to go. She was threatened and warned not to disclose the occurrence to her parents. On returning home, the prosecutrix narrated the occurrence to her parents.

(3.) On the following day, Surjit Kaur (PW4), mother of prosecutrix informed Gurdev Singh, Sarpanch and Gajjan Singh, Lamberdar. She then went to police station Raikot to inform the police about the incident, but the concerned police did not take any action against the accused. Thereafter, a written complaint (Ext. DA) was filed on July 5, 1989 before the Senior Superintendent of Police (SSP), Ludhiana which was in turn sent to Joginder Singh, Deputy Superintendent of Police, Jagraon (DW2). The DSP visited the village on July 8, 1989 and recorded the statement (Ext. PD) of the prosecutrix on the basis of which formal FIR (Ext. PD/1) was issued on the same day.