JASSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellant Jassa Singh alias Jaswant Singh against the judgment and order dated 27.10.2006 passed by the learned Sessions Judge, Mansa whereby the appellant has been convicted for the offence punishable under Section 376 (2)(f) of the Indian Penal Code ("IPC" for short) and sentenced to undergo imprisonment for life; besides, pay a fine of Rs.50,000/- and in default of payment of fine, to undergo further rigorous imprisonment for 2 years. In case of recovery of fine, it has been ordered that an amount of Rs.40,000/- shall be deposited in a fixed deposit receipt (FDR) in the name of the prosecutrix, which she will be able to withdraw on attaining the age of majority.

(2.) The FIR (Ex.PN) in the case has been registered on the statement (Ex.PB) of the prosecutrix (PW3) aged 12 years. It is stated by the prosecutrix that she is a resident of Fatehpur and studying in the 6 th class in Government High School, Fatehpur. Her date of birth is 11.11.1993. About 10 years earlier to her making the statement (Ex.PB), which was made on 21.8.2005, the mother of the prosecutrix namely Karamjit Kaur alias Seeto (PW1) along with her started living with Jassa Singh (appellant) resident of Fatehpur. The mother of the prosecutrix had told her that her previous husband namely Jaila Singh i.e. father of the prosecutrix resident of Behniwal was addicted to drugs and had left her. The mother of the prosecutrix along with the prosecutrix had, therefore, started living with Jassa Singh alias Jaswant Singh (appellant) son of Baggar Singh alias Chota resident of Fatehpur. The prosecutrix had one brother namely Ranjit Singh aged about 9 years. The said facts came to the knowledge of the prosecutrix after these were disclosed to her by her mother.

(3.) On the day of Lohri of 13.01.2005, the mother of the prosecutrix along with the brother of the prosecutrix had gone to her parents' house at village Jhabbar. The prosecutrix and her father Jassa Singh (appellant) remained at their house. In view of the festival of Lohri, the father of the prosecutrix namely Jassa Singh had consumed substantial liquor. After taking their meals, the prosecutrix and her father went to sleep in a room.