BABA JAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide order dated 12-5-2001, in case FIR No. 28 of 5-3-1999 under S. 376 of the Indian Penal Code of Police Station Sahnewal, District Ludhiana (Sessions Case No. 55 of 14-6-1999), Baba Jagga Singh was convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1000.00 and in default to undego further rigorous imprisonment for 3 months.

(2.) Baba Jagga Singh has knocked the door of this Court through this appeal and has challenged his conviction and sentence passed upon him by the Additional Sessions Judge, Ludhiana, in the aforesaid case.

(3.) The prosecution case, in brief, is that Binder Kaur, aged 14 years, is the daughter of Jasbir Kaur who is wife of late Gurbachan Singh. Jasbir Kaur was putting up with her husband's younger brother Gurdarshan Singh after the death of her husband Gurbachan Singh in village Sahnewal Khurd. Jasbir Kaur was possessed of evil spirit. She was told by somebody that in village Sahnewal Kalan, Baba Jagga Singh was treating people possessed of evil spirit at his house and he would liberate her of evil spirit. On 4-3-1999 at about 8.00/9.00 p.m., she along with her daughter Binder Kaur went to the house of Baba Jagga Singh, situated in village Sahnewal Kalan. Baba Jagga Singh told them that they would have to stay at his house for the night if she wanted that she should be completely liberated of evil sprit. She and her daughter Binder Kaur stayed there. She and Binder Kaur slept in a room and in the adjoining room, Bab Jagga Singh slept. At about 4.00/5.00 a.m. Binder Kaur came out of the room for urinating. Baba Jagga Singh caught hold of her from her arms and took her into his room. Baba Jagga Singh threw her on the double-bed, undressed her and gagged her mouth with his hand and, thereafter, had sexual intercourse with her forcibly, without her consent and against her will. Binder Kaur raised raula. Her mother Jasbir Kaur saw through the open door of that room rape being committed upon her. Binder Kaur feeling ashamed due to this erosion on her modesty, got down the stairs and ran out. Jasbir Kaur reprimanded Baba Jagga Singh for this outrage committed on her daughter by him. Jasbir Kaur searched her daughter in fields. She came across 4-5 persons along with her daughter Binder Kaur who were coming from the brick-kilns towards the village. She narrated the entire incident to them. She reported the matter to the police at about 8.00 p.m. vide statement Exhibit PB near Swaran Hotel, Sahnewal, where Inspector Manjit Singh (PW. 14) met her. On the basis of the statement Exhibit PB, case FIR No. 28 dated 14-6-1999 (Ex. PB/B) was registered at Police Station, Sahnewal under S. 376 of the Indian Penal Code. PW. 7 Dr. Jagdish Kaur Sidhu, Medical Officer, Civil Hospital, Ludhiana, medically examined Binder Kaur on 6-3-1999 at about 5.30 p.m. She took vaginal swab from the vagina of Binder Kaur. P.W. 14 Inspector Manjit Singh took into possession one Salwar and Shirt stained with blood which Binder Kaur was wearing at the time of commission of rape on her. Salwar and Kamij which were taken into possession vide memo Ex. PA. One embroidered piece of cloth stained with semen was recovered from the almirah of the Chaubara which had been kept there after committing rape. P.W. 10 Dr. Sarjiwan Kapila, Medical Officer, Primary Health Centre Sahnewal, medically examined Baba Jagga Singh and certified that he was capable of sexual intercourse. P.W. 11 Dr. Ashok Rawant, Radiologist, Civil Hospital, Ludhiana, performed ossification test with Binder Kaur. His opinion was that her age was between 13 to 15 years and, in any case, it was not more than 15 years. As per the School record, Binder Kaur was born on 8-4-1985. Semen was found on that piece of cloth and mat Salwar by the Chemical Examiner to Government, Punjab and semen was found on vaginal swab also. After completion of investigation, Baba Jagga Singh was challened under S. 376 of the Indian Penal Code.