JOGINDER SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Joginder Singh (18) was tried by the learned Addl. Sessions Judge, Ludhiana for having committed rape upon Renu Bala (12) (PW 2) and was convicted of the offence. He was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2000.00 and in default of payment of fine to further undergo rigorous imprisonment for 3 months.

(2.) Joginder Singh has filed this appeal to challenge his conviction and sentence.

(3.) The prosecution case was that on June 26, 1999 at abort 10 A.M. Renu Bala left her house to buy some house-hold articles from a shop. A Gurdwara known as Singh Sabha fell on the way. When she was passing that way the appellant, a priest of the Gurdwara, threatened Renu Bala with a naked sword and dragged by her arm after putting a handkerchief on her mouth. The said handkerchief had been treated with some intoxicant and smelling it made Renu Bala unconscious. When Renu Bala did not return her mother looked for her in the Mohala for 2-3 hours but could not find her. She even asked the appellant whether Renu Bala was in the Gurdwara but he denied any knowledge. After some time suspicion was aroused against the appellant who was taking rounds in the street and on this the appellant's room was searched thrice but Renu Bala was not found. Suddenly someone noticed a chunni hanging from a cooler fitted in the appellant's room and when the cooler was opened Renu Bala was found lying inside in an unconscious state. She regained consciousness on the following day and narrated the entire episode to her mother Kamaljit Kaur. Thereafter, Kamaljit Kaur (PW 3) reported the matter to the police on June 27, 1999 and a case was registered.