KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant alongwith Jasvir Singh was tried by Additional Session Judge, Fatehgarh Sahib for an offence under Section 376(2)(g) IPC with the allegations that on 20.5.1999 both of them committed rape upon the prosecutrix who was aged 12 years. Vide judgment and order dated 13.11.2002, the trial Court acquitted Jasvir Singh of the charge against him on the ground that the prosecutrix, while deposing as PW6, did not implicate him. However, the appellant was held guilty under Section 376 IPC and sentenced to undergo RI for ten years and to pay a fine of Rs.2,000/-, in default thereof, to undergo further RI for two months.

(2.) The FIR was registered on the basis of a statement made by Darshan Singh, father of the prosecutrix, wherein he stated that on 20.5.1999 when he returned home, his wife told him that their daughter, i.e. the prosecutrix, accompanied by another girl went out on that day at about 3.00 P.M. to the fields of Jawala Singh to pluck raw mangoes, where both the accused came and after gagging the mouth of their daughter forcibly took her to the sunflowers field and committed rape upon her one after the other. The friend of the prosecutrix came running and informed the mother of the prosecutrix and the latter then went to the spot and found her daughter lying unconscious. The prosecutrix was brought home, where after regaining consciousness she narrated about the occurrence.

(3.) After recording of the formal FIR in Police Station Khamanon, the investigation was taken up by Inspector Karamjit Singh, who first recorded the statement of the prosecutrix and other witnesses and then prepared site plan Ex.P14. Subsequent investigation was conducted by ASI Jaspal Singh, who arrested Jasvir Singh accused on 29.5.1999 and Kuldeep Singh accused on 1.6.1999. After completion of the investigation, final report under Section 173 Cr.P.C. was submitted against the accused. It being a case triable exclusively by the Court of Sessions, Judicial Magistrate 1st Class, Fatehgarh Sahib committed the same. On 23.10.1999, both the accused were charge sheeted for the offence under Section 376(2)(g) IPC to which they pleaded not guilty and claimed trial.