KARAMJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner/private complainant (PW-1) filed this revision against judgment dated 21.3.2003 passed by the Additional Sessions Judge, (Fast Track Court), Ludhiana, acquitting the accused/respondents No. 2 and 3 of the offences under Sections 366 and 376 Indian Penal Code.

(2.) The facts, in brief, are that the petitioner/prosecutrix (the name not being disclosed in the judgment) was residing with her parents in village Akalgarh and was a student of 10+2 in G.H.G. Khalsa College, Gurusar Sudhar. On 10.11.1999, she was left at the college at 9 a.m. by her father Chanan Singh (PW-2). After about one hour, on account of her bad health, she started for her house on foot after informing the college authorities. When she reached near the turning of her village, Manjinder Singh accused Crl. Revision No. 2200 of 2003 came there with the motor car make Maruti. After stopping the same, he offered lift to her in the car and she occupied the same. She found that two Sikh boys, who were sporting beard and wearing turbans, were already sitting in that car. After taking the turn in the street, that car was again taken towards the bridge of canal Sudhar. Thereafter, that car was taken towards village Sauhali and was stopped in the pits at some distance of the bridge of Sauhali. Manjinder Singh asked one of the above said boys, by calling him Sodhi, to accompany him and asked the third boy Tarna to wait for them in the car itself. Thereafter, Tarna committed rape on her in the car itself. Manjinder Singh and Sodhi came after about 10-15 minutes. Manjinder Singh started driving the car and the other two accused made her to sit on the floor thereof. She was brought to a hotel in Ludhiana city and was kept there during the night, where she was again raped. The next day, the accused asked her to accompany them to her house. When she was brought near the canal in the limits of village Gill, she asked the accused to allow her to make a telephone call from the PCO. She gave a message on the telephone to one of her neighbours, requesting him that her father be asked to collect her from the PCO, situated near the bridge of Village canal, where she had been brought by Manjinder Singh. The accused again asked her to occupy the car to which she refused and a raula was raised, which attracted the people to that place. Manjinder Singh told those people that she was wife of Tarna and had come from the house after quarreling with the family members and that they would take her to that place. Thereafter, she was forcibly taken in the car to the house of Tarna at Mandi Ahmedgarh. At that place, Tarna and Sodhi committed forcible sexual intercourse with her, after consuming alcohol and also made her to consume Crl. Revision No. 2200 of 2003 the same. She was not allowed to go to her house inspite of the requests made by her to that effect. On 14.11.1999, both those accused asked her to sit in the car and told that they would take her to her house. Then she was brought to village Sehbajpur and was left at that place. One old man met her and she disclosed all these facts to him and that old man took her to the house of Amarjit Singh Sarpanch. After hearing her story, that Sarpanch sent a message to her house and after some time, her father accompanied by 2-3 persons, came to that place and took her to their house. On account of her serious condition, she was admitted in the hospital by her father. She was medically examined by Dr. Kuljit Kaur (PW-3). About her admission in the hospital, a message was sent to the Police Station and on receipt thereof, Gurdev Singh, ASI (PW-4), accompanied by other police officials, came to that place and recorded her statement Ex. PA. After making his endorsement Ex. PA/1 upon the same, it was sent to the Police Station and on the basis thereof, FIR Ex. PA/2 was recorded against the accused under Sec. 342, 366 and 376 Indian Penal Code. On 20.11.1999, Tarna accused was arrested by the ASI. He was taken to the hospital and was medically examined by Dr. R.S. Grewal (PW-5), who found him fit to perform sexual intercourse. In the course of investigation, Harbans Singh accused was arrested. After completion of the investigation, challan was put in before the SDJM, Jagraon, who committed the same to the Court of Session, vide his order dated 30.3.2000. Both the accused were charged under Sections 366 and 376 Indian Penal Code by the Additional Sessions Judge, Ludhiana, who from the perusal of the documents, sent alongwith the police report under Sec. 173 of of the Code of Criminal Procedure (hereinafter referred to as 'the Act'), found prima facie case under those two sections against the accused. To prove Crl. Revision No. 2200 of 2003 their guilt the statements of the prosecutrix was recorded and thereafter, the Public Prosecutor moved an application under Sec. 319 of the Code for summoning Manjinder Singh @ Daler Singh and Sodhi @ Navdeep as additional accused. That application was allowed and both those were summoned to stand their trial with the already arraigned accused. Those accused appeared before the trial court. Fresh charges were framed under Sections 366 and 376 Indian Penal Code, to which they pleaded not guilty and claimed trial.

(3.) The FIR was quashed against Harbans Singh accused by this Court, vide order dated 14.3.2001. Tarna @ Taranjit Singh accused absented himself during the trial. After warrants of arrest were issued against him, he concealed himself to avoid the execution of those warrants. Proclamation was issued against that accused under Sections 82/83 of the Code and was declared as proclaimed offender. To prove the guilt of the accused, the prosecution examined Karamjit Kaur (PW-1), Chanan Singh (PW-2), Dr. Kuljit Kaur (PW-3), Baldev Singh, ASI (PW-4), Dr. R.S. Grewal (PW-5) and Shivdev Singh (PW-6).