HARBANS SINGH ALIAS GAGGAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal preferred by Harbans Singh alias Gaggar is directed against the impugned judgment dated 8th May, 2006 rendered by Sessions Judge, Bathinda, whereby the appellant along with his co-accused Gurvinder Singh was held guilty of offence under Section 376(g) IPC and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 2000/- each, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The appellant was named as accused in case FIR No. 59 dated 16.05.2005 registered at Police Station Dialpura along with his co-accused Gurvinder Singh. As per the report submitted by the Registry, Gurvinder Singh has not filed any appeal.

(3.) Brief facts of the case can be noticed from the FIR Ex.PD/2, which was registered on the basis of statement Ex.PD made by the prosecutrix (whose name has been withheld to protect her identity). Prosecutrix stated that she was a resident of village Machani Kalan. About 7/8 months ago she was married with Jagsir Singh son of Sardara Singh, caste Jat, resident of village Bhagta Bhai Ka. Her husband was employed in Haryana and used to visit the village after 15/20 days. She was residing along with her mother-in-law Karnail Kaur. Adjoining to the house of the prosecutrix was the house of Darshan Singh, name of whose eldest son was Gurvinder Singh. On 14th May, 2005 as a daily routine, after finishing meals, the prosecutrix slept in the courtyard along with her mother-in-law. At about 10.00 p.m., both of the accused, i.e. Gurvinder Singh son of Darshan Singh and Harbans Singh alias Gaggar son of Buta Singh entered the house. Gurvinder Singh gagged the mouth of the prosecutrix and Harbans Singh switched off the light. Both of them said that in case prosecutrix raised a noise, she will be killed. Gurvinder Singh caught hold of the arms of prosecutrix and Harbans Singh, without the consent of the prosecutrix, opened the string of her Salwar and forcibly committed sexual intercourse with her. Thereafter, Gurvinder Singh did the same and both went away after scaling the wall. Meanwhile, mother-in-law of the prosecutrix also reached at the spot. The entire incident was disclosed to her. The mother-in-law advised the prosecutrix to keep mum and her husband Jagsir Singh was called. Jagsir Singh reached and the entire incident was also narrated to him. He brought the prosecutrix to Civil Hospital, Bathinda, where a lady doctor examined her and her statement was recorded by the police.