BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 13.5.2002 passed by the learned Sessions Judge, Jalandhar, convicting the appellant under Sections 376 and 302 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs. 5000/- for the offence under Section 302 IPC and RI for 10 years and to pay a fine of Rs. 2000/- for an offence under Section 376 IPC. It has been further ordered that the punishment for the offence under Section 376 shall commence after the sentence of life imprisonment is completed by the appellant.

(2.) The prosecution case was set in motion on the basis of statement of Malkiat Singh (Exhibit PG) made to Rattanjit Singh ASI, Police Station, Kartarpur on 17.9.2000 at about 8.30 p.m. The statement is endorsed by Harjinder Singh, who has appeared as PW-5. It has been stated by Malkiat Singh that he returned to his house from his motor at about 6 p.m. His daughter Prabhdeep Kaur aged about 6-1/2 years and son Harminder Singh aged 13 years came to the house from the motor after him at about 7 p.m. Thereafter, his daughter Prabhdeep Kaur and son Harminder Singh had gone to Gurudwara to pay obeisance. His son Harminder Singh came to the house after few minutes, but his daughter Prabhdeep Kaur did rot return home. He asked his son Harminder Singh as to why Prabhdeep Kaur had not returned home upon which his son Harminder Singh told that Bhinda son of Surinder Singh caste Carpenter had taken Prabhdeep Kaur to his house by holding her finger. On hearing this, he was going to the house of Bhinda son of Surinder Singh, when Harjinder Singh, Sarpanch resident of Dayalpur met him and they both went and knocked at the door of Bhinda son of Surinder Singh. After sometime Bhinda opened the door of his house. He was perplexed. On seeing them, he ran away by jumping over the backside wall of his house. At 8.30 in the night when he went inside the residential room of Bhinda's house, Prabhdeep Kaur was lying smeared with blood in entirely naked condition and was breathing with difficulty. She told him and Harjinder Singh, Sarpanch, that Bhinda had committed wrong act and gave her beatings after taking her to his house. He and Harjinder Singh, Sarpanch, took his daughter to Brar Hospital, Dayalpur, after wrapping her in a cloth, but she died on the way. He and Harjinder Singh raised alarm that Bhinda son of Surinder Singh, carpenter resident of Dayalpur had given beatings to his daughter Prabhdeep Kaur after committing rape upon her, who died lateron. On the basis of such report, a ruqa was sent by ASI, Rattanjit Singh (Exhibit PG/ 1) to Police Station Kartarpur at about 11.30 p.m. On such ruga, FIR Exhibit PG/2 was lodged at 11.45 p.m. The special report was received by the learned Magistrate on 18.9.2000 at 4 a.m.

(3.) The appellant was arrested on 19.9.2000 at about 1.30 p.m. Prior thereto, the post mortem was conducted by PW-1-Dr. Chanjiv Singh on 18.9.2000 at 12.20 p.m. in association with PW-2- Dr. Harpreet Mann. The dead body was brought by constable Balraj Singh from Brar Hospital. The Doctor found the following injuries :-