GURMEET SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A child of seven years (name withheld to protect her identity) was subjected to sexual assault leading to rape by two accused namely Khushal Singh son of Bhajan Singh and Gurmeet Singh son of Gurdial Singh. The Court of Additional Sessions Judge, Ropar vide impugned judgment dated 3 rd August, 2007 returned a finding that both the accused acted in furtherance of their common intention and accused Khushal Singh committed rape upon the prosecutrix whereas accused Gurmeet Singh shared his common intention. Thus, the trial Court convicted and sentenced accused Khushal Singh under Section 376 IPC to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months. A similar sentence was awarded to accused Gurmeet Singh with the aid of Section 34 IPC.

(2.) Aggrieved against the judgment of conviction and order of sentence dated 3 rd August, 2007, both the accused have filed separate appeals. Criminal Appeal No.1593-SB of 2007 has been preferred by accused Gurmeet Singh, whereas Criminal Appeal No.1680-SB of 2007 has been filed by accused Khushal Singh. Both the appeals shall be decided together by this common judgment.

(3.) Prosecutrix, in an injured condition, was brought to Bhakhra Beas Management Board Hospital, Nangal on 20 th October, 2004 at about 10.40 p.m. Her medico-legal examination was conducted vide MLR Ex.PC. A ruqa Ex.PW12/A sent by the doctor was received by Incharge, Police Post Naya Nangal. In response thereto he reached at the BBMB Hospital and recorded statement Ex.PE of Ram Dulari PW-4, aunt (Tai) of the prosecutrix on 21 st October, 2004 at about 10.30 a.m. On the basis of statement Ex.PE, formal FIR Ex.PW9/C was registered at Police Station, Nangal on 21 st October, 2004 at about 10.50 a.m. The statement Ex.PE made by Ram Dulari PW-4, when translated into English, reads as under: Stated that I am a resident of village Sawara, Tehsil Anandpur Sahib and do domestic work. On 20 th October, 2004 in our village marriage of the son of Pandit Ram Kishan was being performed. I along with my daughter Charanjit Kaur, niece (prosecutrix) aged about 7 years, husband s brother s wife Saroj Devi (Devrani) and husband s sister Karamjit Kaur (Nanad) had gone to attend the marriage at about 7.00 p.m. We had our meals there. After taking the meals suddenly my niece (prosecutrix) was found missing. I along with Balwant Singh son of Shiv Ram, Amrik Singh son of Amar Singh caste Lubana and my daughter Charanjit Kaur started searching for the prosecutrix. At about 10.00 p.m. while searching the prosecutrix, when we reached near the field of poplar trees, which was near and opposite to the house of Ram Kishan, we heard noise of shrikes. In the torch light we saw that my niece (prosecutrix) was lying on the ground and Khushal Singh @ Shalli son of Bhajan Singh caste Jat, resident of village Harsa Bela was committing rape upon her and Gurmeet Singh @ Labu son of Gurdial Singh resident of village Sawara was standing along with him. Seeing us, both of them ran away from the spot. Salwar of the prosecutrix was lying open and she was unconscious. I with the help of other persons brought the prosecutrix from the poplar field to the road and informed Raj Kumar Sarpanch of the village. Thereafter, we arranged for a vehicle and brought the prosecutrix to BBMB Hospital, Nangal, where she is under treatment. We were shocked to see the incident, therefore we could not inform anybody. Now we have made statement to you. I have heard the same and the same is correct. Action be taken.