SONU KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been directed against the verdict of conviction dtd. 19/10/2013 and the order of sentence dtd. 21/10/2013 passed by the learned Additional Sessions Judge, Ludhiana, in case FIR No.127 of 19/6/2012, registered under Ss. 376 and 506 IPC at Police Station Salem Tabri, District Ludhiana, whereby the appellant was convicted for the offence punishable under Ss. 376 and 506 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.20,000.00 for offence punishable under Sec. 376 IPC and further, rigorous imprisonment for a period of one year and to pay fine of Rs.5,000.00 for committing the offence punishable under Sec. 506 IPC. Both these sentences were ordered to run concurrently.

(2.) The appellant before this Court is a stepfather, who has been charged for committing rape upon his 8 year minor stepdaughter. The criminal machinery was set rolling by one Gopal Morya (PW3), who got recorded his statement on 19/6/2012 to A.S.I. Ashwani Kumar (PW6) to the effect that one girl (name is withheld in view of provision of Sec. 228(A) of IPC) (hereinafter referred to as the "prosecutrix"), whose parents are residing at Vehra as tenants, where his workers Deepak and Munna are also residing as tenants, came to him and weepingly informed him that on 18/6/2012, at about 02:00 p.m., her stepfather Sonu Kumar, the appellant herein, entered into her room and closed the door from inside and then committed rape with her by giving threat to kill her with knife. As a result of this, blood started oozing out from internal part of her body. Upon such statement being made by Gopal Morya (PW3), the aforesaid FIR was registered against the accused, whereafter, the Investigation Officer proceeded with the investigation and got the prosecutrix medico-legally examined and also got her statement recorded under Sec. 164 Cr.P.C. before the Illaqa Magistrate. The accused was arrested, who was also medico-legally examined. After completion of investigation, the Final Report under Sec. 173 Cr.P.C. was filed before the concerned Illaqa Magistrate. Finding the case exclusively triable by the court of Sessions, the learned Illaqa Magistrate committed the case to the court of Sessions vide order dtd. 1/2/2015.

(3.) The accused was charge-sheeted for commission of offence punishable under Ss. 376 and 506 IPC. The prosecution, in order to prove its case, has examined as many as 9 witnesses and apart from various other documentary evidences, the prosecution has also proved on record the medico-legal report of prosecutrix as well as her school leaving certificate. The learned trial Court, after relying upon the statement of prosecutrix and complainant Gopal Morya (PW3), held the appellant guilty for committing the offence punishable under Ss. 376 and 506 IPC. Aggrieved against this finding of conviction recorded by the learned Additional Sessions Judge, Ludhiana, the present appeal has been preferred at the instance of the appellant.