NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been convicted for commission of offences punishable under Sections 376, 323 and 506 Indian Penal Code and sentenced to undergo RI for life with fine of L 2,000/- for offence under Section 376 Indian Penal Code with a default clause. He was also sentenced to undergo RI for one year with fine of L 500/- under Section 323 Indian Penal Code and to undergo RI for one year and fine of L 500/- under Section 506 Indian Penal Code with a default clause.

(2.) The FIR (Ex.PA/II) was registered by Mandeep Kaur (hereinafter referred to as the "victim") against the appellant in which she had alleged that she is 14 years of age and is studying in 10th class, whereas her elder brother Gurdip Singh is 16 years of age. Her father Narinder Singh (appellant) is a Bus Driver. She had been studying in village Assi Kalan, paternal village of her mother, up to 9th standard and now she had got admission in Government School, Sihora, in 10th standard. Her father used to beat her mother on petty matters. On 09.05.2005, after having dinner, when she alongwith her mother Rajpal Kaur, brother Gurdip Singh and father Narinder Singh (appellant) went to sleep on their cots, at about 11.00 p.m., her father (appellant) started touching her body, on which she woke up, told her mother that she is afraid and her mother asked her to sleep with her, but her father started abusing her mother. In the meantime, her brother also woke up but her father threatened him, on which he went to sleep. While she was sleeping with her mother, her father started touching her face and asked her that he loves her and wanted to sleep with her. When she did not do so, he started beating her and forcibly took her to his cot. Her brother and mother both woke up, but her father opened her salwar and started fingering her vagina and biting on her cheeks. Thereafter, he left her and she wore her salwar and went to her mother to sleep with her. The entire incident was witnessed by her mother and brother, but they could not speak anything out of fear. In the morning, her father threatened them not to disclose the incident to anyone and, hence, they did not disclose the same. On 10.05.2005, after having dinner, when she was sleeping with her mother, at about 12.00 p.m., her father called her to come to his cot, took off her salwar, started fingering her vagina and committed rape upon her against her wishes. She made noise, but her father did not leave her. Thereafter, she moved on to her mother. On 11.05.2005, at about 12.00 p.m., when she was sleeping in the courtyard, her father asked her to come to his cot and committed rape upon her forcibly for about half an hour and after 1-1/2 hours, when she was going to sleep with her mother, then her father again committed rape upon her. On 12.05.2005, nothing happened. On 13.05.2005, when she was sleeping with her mother, at about 12.00 p.m., her father called her, due to fear she moved to her father who took off her salwar, committed rape, pressed her breast and took them in his mouth. Every time, the entire incident was witnessed by her mother, but she could not speak. On 14.05.2005, her mother went to her paternal home, her maternal grandfather Gurmit Singh and maternal uncle Satinder Singh did not allow her mother to come back, rather on 14.05.2005, her maternal uncle Satinder Singh took the victim and her brother Gurdip Singh to village Assi Kalan. When they did not return to their village Assi Kalan, her father came to her Nanke and threatened them. At that time, her mother disclosed the whole story to her brother Satinder Singh and father Gurmit Singh, who took her and her mother to Police Station Payal, where the present FIR was lodged.

(3.) The victim was medico-legally examined on 21.05.2005 by Dr. Nirmaljit Kaur (PW4) who had found that there were two pigmented areas of about 1-1/2" on right cheek and 1-1/2" on left cheek. The patient was sent to skin specialist to know the nature and duration of these pigmented areas. Hymen was absent. The vaginal swabs were sent for chemical examination and as per report of the said chemical examination (Ex.PW4/A), no spermatozoa were seen.