GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two appellants Gurcharan Singh and Harpal Singh, residents of VillageBalrampur by filing the present appeal have assailed the judgment rendered by Additional Sessions Judge, Rup Nagar whereby they have been convicted for offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for 10 years each and to pay a fine of Rs.2,000/- each. In default of payment of fine, they were to further undergo rigorous imprisonment for one year each.

(2.) The prosecution version can be spelled out from the statement of prosecutrix Ex.PB which was recorded by SI Naranjan Dass, Incharge Police Post Sandhuan. As per observations of Hon'ble Apex Court, name of the prosecutrix is being withheld. It was stated by the prosecutrix that she was married 20 years ago. She gave birth to four children. About 1-1/2 years ago, her husband had expired. She was posted as Peon in the Bank. On 16.6.1994, after banking hours, she had come to Bazar at Kurali for her personal work where her neighbourer Gurcharan Singh alias Roda and Harpal Singh alias Fauji, residents of Village Balrampur met her in the Bazar. Gurcharan Singh asked her as to from where she is coming. She stated that she had come to the Bazar and now she has to go the village, upon which Gurcharan Singh stated that Harpal Singh is to unload sunflower crop in the Mandi. Thereafter, they have also to go to the village, therfore, she can accompany them. She was asked to wait for them at Bus Adda. Prosecutrix reached, Bus Adda at 6.30 P.M. She waited for the Bus. As the Bus was not available, at 7.00 P.M. accused met her and gave her lift on the tractor. Instead of going to the village, the tractor was taken to the Kotha where tubewell motor was installed. On refusal of the prosecutrix, she was threatened and under fear she was taken inside the room where motor was installed. Harpal Singh and Gurcharan Singh made consultations. Gurcharan Singh committed rape upon the prosecutrix. Thereafter, Harpal Singh came inside the room and forcibly committed the rape. On the night intervening 16/17.6.1994, it is stated that both the appellants committed sexual intercourse three times each. On the morning of 17.6.1994, both the accused made the prosecutrix alight at Bus Adda Jagatpura. The prosecutrix further stated that due to act of rape committed by the accused, her health deteriorated and further more out of shame, she went to the house of her relations at Ropar. On 18.6.1994, she disclosed the entire incident to Hakam Singh younger brother of her husband. Charan Singh, Sarpanch of Village Balrampur persuaded not to lodge the report so that some compromise could be effected. On 23.6.1994, the prosecutrix in the company of Hakam Singh younger brother of her husband made the statement. The above said statement was endorsed by SI Naranjan Dass vide Ex.PB/1, on the basis of which formal FIR Ex.PA was recorded. The matter was investigated. Report under Section 173 Cr.P.C. was submitted against the appellants.

(3.) Both the appellants were charged for offence under Section 376 IPC by the Court of Additional Sessions Judge, Ropar. The charge stated that both the accused on night intervening 16/17.6.1994 in the area of Village Khizrapur with common intention committed gang rape upon the prosecutrix and thereby offence under Section 376/34 IPC is made out, to which the appellants pleaded not guilty and claimed trial. Prosecution examined HC Jodh Singh PW1 who stated that on 23.6.1994 statement recorded by SI Niranjan Dass was received through S.P.O. Daljit Singh and on the basis of same formal FIR Ex.PA was recorded. In cross-examination, he stated that recording of the FIR was concluded at 7.00 P.M.