JASWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jaswinder Singh is in appeal before us against the judgment of his conviction dated 30.01.2006 vide which learned Additional Sessions Judge (Adhoc), Fast Track Court, Kurukshetra held him guilty for an offence punishable under sections 342,376(2) (g) and 452 of the Indian Penal Code and the order of sentence dated 03.02.2006 vide which he has been sentenced as under :-

(2.) The case set up against the appellant and one Vijay Kumar (a proclaimed offender) by Police Station Pehowa, District Kurukshetra, is as under :

(3.) The prosecutrix ( name withheld in view of the law laid down by the Apex Court) is a resident of village Joshi, district Panipat. Her parents had been residing presently at Gau-Charand, Pehowa for the last about one year. Her maternal uncle had been residing at Sayalkothi Farm, Pehowa. The prosecutrix had come to the house of her maternal uncle, Jaspal. He had gone to Amritsar, where he was working in a factory. Her maternal aunt and maternal grandfather Gurdial were present at the house. On 20.06.2004, the prosecutrix as also her maternal aunt and maternal grandfather were sleeping on two cots in the courtyard, in which there was light of electric bulb. The prosecutrix and her maternal aunt were sleeping on one cot. At about 11.00 PM Vijay Kumar and Jaswinder Singh entered the courtyard of the house after scaling the boundary wall of the house. Vijay Kumar forcibly caught hold of her maternal aunt by her hands and took her in a room, while Jaswinder Singh took the prosecutrix to another room forcibly and tied her hands with the help of a handkerchief and mouth and eyes with the help of chunni. Jaswinder Singh committed rape upon her without her consent after putting off her salwar. The prosecutrix tried her best to free herself, but she could not succeed. After committing rape, both of them ran away. Her maternal aunt untied herself and the prosecutrix narrated the whole occurrence to her. She was told by her maternal aunt that Vijay Kumar had not done any illicit act with her, but kept her away from the prosecutrix forcibly under the effect of threat. The mother of the prosecutrix was informed on telephone about the incident. When she came to Sayalkothi Farm, the prosecutrix started with her maternal aunt and others to the police station, where on her statement, FIR was recorded at about 3.05 PM on 21.6.2004. Special reports of the case were sent to the Illaqa Magistrate and others. The prosecutrix had also produced red coloured chunni, salwar, jamphar and one shirt stained with blood before Hanu Ram, ASI, which were given the shape of a parcel and sealed the same with seal 'HR'. The same were taken into possession by way of recovery memo, Ex.PG. The prosecutrix was then taken to CHC, Pehowa for her medico-legal examination, where Dr. Kanchan Bala examined her. Hanu Ram, ASI recorded the statement of maternal aunt of the prosecutrix named Baby under the provision of section 161 of the Code of Criminal Procedure in the hospital. Dr. Kanchan Bala, after medicolegal examination, had handed over one sealed parcel containing two bottles sealed with seal 'KBS' and another sealed parcel containing clothes of the prosecutrix alongwith another envelope bearing the same seals and a copy of MLR of the prosecutrix, which were taken into possession by way of a recovery memo. Statements of the witnesses were also recorded there. Then Hanu Ram, ASI reached the place of occurrence and after inspecting the same, on the demarcation of the prosecutrix and Baby, he prepared a rough site plan thereof. Statement of Gurdial Singh was recorded at the spot. The investigating officer then made inquiries from the people in the locality. Mr. Nripjeet Singh, DSP, Pehowa and Pawan Kumar, SI/SHO of Police Station, Pehowa also reached the spot and verified the facts. Search was made for the accused. They were not available. Hanu Ram, ASI deposited the case property with the MHC after reaching the police station. Search made for the accused thereafter also remained fruitless.