KULDIP RAJ Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story is that on June 6, 1987 at about 8.00 P.M. accused Kuldip Raj went in the house of Nirmla Devi with the intention of committing rape. He molested her and made an attempt to rape her. On June 6, 1987 due to this shame, Nirmla Devi committed suicide. The statement of Nirmla Devi was recorded by Sub Inspector Amar Singh on June 7, 1987 at 10.30 A.M. in the Civil Hospital, Pathankot. She stated that at the time when an attempt of rape was made on her, her brother Darshan Lal and one Kala, younger brother of her sister's husband were present and the entire incident was witnessed by them. She further stated before the Sub Inspector that as she could not tolerate this insult, she went inside the house and consumed insecticides. Darshan Lal and Kala then brought her to the Civil Hospital, Pathankot. On her statement, formal First Information Report, Exhibit PG/2 was recorded. When she was admitted in the hospital, she was not fit to make a statement. On June 6, 1987 at 11.45 P.M. the doctor opined that she was not fit to make a statement. On June 7, 1987 at 10.00 A.M. the doctor opined that she was fit to make a statement. This application is Exhibit PE. Her statement was recorded at 10.00 A.M. on June 7, 1987. On June 7, 1987 at 2.30 P.M. Dr. Vijay Mahajan (PW-3) informed the police vide ruqa Exhibit PD that Nirmla Devi had died.

(2.) The prosecution to prove its case examined Dr. Krishan Mohan (PW-1), Dr. Arvind Gautam (PW-2), Dr. Vijay Mahajan (PW-3), Dr. G.L. Kukreja, S.M.O., Civil Hospital, Pathankot (PW-4), Darshan Lal (PW-5), Gurbux Singh, Draftsman (PW-6), Rattan Chand (PW-7). Sub Inspector Amar Singh (PW-8) and Inspector Jaimal Singh (PW-9).

(3.) I have heard the learned counsel for the State, examined the record, gone through the statements of the witnesses and the judgment of the learned trial Court.