MAGHAR SINGH @ MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is yet another case where a helpless, minor and simpleton girl was picked up; taken away and raped by the accused-appellant (herein referred as, 'the accused') to satisfy his lust, for which he was indicted for the offences under Sections 363/366/376 IPC and vide judgment dated 17/18.5.2004, he was convicted and sentenced as under :-

(2.) Necessary facts as essential for disposal of the appeal are that Paramjit Singh- complainant (herein referred as, 'the complainant'), a rickshaw puller in his statement Ex.PH recorded on 13.6.2002 at about 12.10 PM disclosed that on 12.6.2002, his minor daughter (name not disclosed, herein referred as, 'the prosecutrix') had gone to the place of Baba Chinta, but she did not return till morning. Worried about her missing, on 13.6.2002, in the morning, he in the company of Mela Singh Sarpanch and Nirmal Ram continued searching her. During search, they came across Avtar Singh, who told that they had seen the accused offering "kulfi" (ice candy) to the prosecutrix, then sniffering that she might not have been taken away by him, they visited Rurkan Kalan (the place of the accused) but he was found missing. Thereafter, when the complainant along with Nirmal Ram and Mela Singh Sarpanch went towards the side of village Rasla and reached near the sugarcane field in possession of Gurcharan Singh but owned by Surjit Singh, they heard the shrieks of a girl and when they entered the field, they saw that the prosecutrix was lying, in a naked condition on the thighs of the accused and the latter was gagging her mouth to make her silent. On seeing them, the accused tried to flee but he was caught at the spot. Much blood had fallen on the grass grown at the spot and on enquiry, the prosecutrix told that the accused had committed rape upon her. Much blood had oozed out from her vagina. The complainant made her to wear baniyan and underwear and took her to the house and thereafter she was taken to the Civil Hospital, Bara Pind for her medicolegal examination.

(3.) On the basis of the aforesaid statement Ex.PH, FIR Ex.PH/2 was registered and investigation commenced. Inspector Jasbir Singh, Investigating Officer arrested the accused; visited the place of occurrence; collected his blood stained shirt which was taken into possession vide memo Ex.PC; took into possession the blood stained underwear and white coloured undershirt of the prosecutrix; recorded the statements of witnesses; prepared the site plan and got the accused medico-legally examined. After receipt of the report of the Chemical Examiner Ex.PW8/C and that of Forensic Science Laboratory Ex.PW8/D, the accused was challaned.