PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11.2.1988 passed by Shri P.C. Singal, Additional Sessions Judge in Case No. 125/23 or 1987, under Section 376 I.P.C. vide which he had convicted and sentenced the appellant/accused for three years rigourous imprisonment and to pay a fine of Rs. 2500/- and in default of payment of fine, to undergo rigourous imprisonment for a period of six months.

(2.) The prosecution story, as given by the prosecutrix Jaswinder Kaur PW4 in the Court, is that she is the daughter of Ram Kishan PW 10 and resides with her parents in Kacha Machhiwara. The accused is known to her as he is their neighbour. About 8-1/2 months back, at about 7.30 P.M. (statement recorded on 16.11.1987 and the occurrence took place on 27.2.1987) she had gone to the field of Anokh Singh to answer the call of nature. She was sitting in the water course (khal) which is by the side of the field of Anokh Singh. After answering the call of nature, she got up and was tying the string of her salwar. At that time, the accused came there from her back side. She was wearing a shawl on her head. Firstly, the accused caught hold of that shawl and then her right arm from her back side. She shouted the name of her father for her help. On this, the accused put her shawl in her mouth and caught hold of her from her waist and dragged her to the nearby wheat field. She gave a teeth bite on the hand of the accused when he put the shawl in her mouth. Then he laid her on the ground with her fact upwards and caught her both hands and performed sexual intercourse with her forcibly. At that time, she resisted it, but could not succeed. During that process she received injuries on her legs, arms and back and felt pain. She told the accused that she would tell about the incident to her father and on it, he thretened to get murdered her father and brothers in case she disclosed it to anybody.

(3.) On the third day of the incident, her father and two brothers were taken away by the police. On the third day of the arrest of her father and brothers she was medically examined (medical examination done on 3.3.1987). After her medical examination, on the same day, the police came to her house and recorded her statement, Ex.PD regarding the occurrence. On the statement Ex.PD of the prosecutrix Jaswinder Kaur, the present case was registered and investigated. During investigation, the accused was arrested and got medically examined. After the completion of the investigation, the accused was challaned in the Court under Section 376 I.P.C. for commitment purposes.