KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KAMLESH Rani wife of Veer Chand, as per the prosecution case, was raped by the appellant on 19th August, 1999 at about 9.30 a.m. in village Peerkot. On the next day, i.e. 20th August, 1999 at about 9.00/9.30 a.m., having felt humiliated, she had put herself on fire and committed suicide. She suffered hundred percent second and third degree burns over the whole of her body and as a result thereof, died. The appellant was charged for offences punishable under Sections 376, 306 and 452 IPC by the Court of Additional Sessions Judge, Bathinda and after culmination of the trial he was convicted for these offences vide impugned judgment dated 16th August, 2002. Vide a separate order of even date, the appellant was sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of Rs.4,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year under Section 376 IPC. He was further sentenced under Section 306 IPC to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs.4,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year. Under Section 452 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) ALL the substantive sentences were ordered to run concurrently. To canvass acquittal, all the arguments raised by Mr.T.S. Sangha, Senior Advocate assisted by Mr.Jagjit Singh Lalli, Advocate appearing on behalf of the appellant, revolve around the delay in lodging of the report; whereas the prosecution has demonstrated that the immediate efforts made for registration of the case had borne no fruit and thus, the complainant had to approach this Court to seek registration of the case.

(3.) IN the context of above facts, this Court will have to determine as to whether the delay has any bearing; whether delay has been explained; or delay was used for consultations and deliberations to concoct a false version. These, being the crucial questions, require narration of facts as they emerge in the complaint Ex.PD submitted by complainant Veer Chand PW-2 to Senior Superintendent of Police, Bathinda.